VidhiSangh

Supreme Court of India · 19/12/2024

MALLAVVA AND ANR versus KALSAMMANAVARA KALAMMA (SINCE DEAD) BY LEGAL HEIRS & ORS.

[2024] 12 S.C.R. 1884 · 2024 INSC 1021

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Summary

The Supreme Court held that a suit for declaration of title in which a prayer for recovery of possession was added by amendment at the first appellate stage is governed by Article 65, not Article 58, of the Limitation Act, 1963; since the plaintiff's title was established and the defendants never pleaded or proved adverse possession, the suit for possession based on title was within limitation.

Issues

  1. Whether a suit for declaration of title, amended at the first appellate stage to seek recovery of possession, is governed by Article 58 (three years) or Article 65 (twelve years) of the Limitation Act, 1963.
  2. Whether the suit for possession, as per the amended plaint, was within limitation where the defendants had been in possession and recorded in revenue records since 1981-82 but had not pleaded adverse possession.

Provisions considered

Held

Result

Appeal dismissed; the High Court's judgment affirming the first appellate decree for declaration of title and possession upheld.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 1884.