Summary
The Supreme Court restored the trial court’s decree after rejecting the High Court’s limitation ruling. The plaint sought possession from a receiver as well as declaration and injunction, so the High Court wrongly treated it as a declaration-only suit subject to three years. Article 65’s twelve-year period applied. On the pleaded cause of action arising from the defendants’ adverse assertion in the proceedings culminating in attachment on 23 December 1966, the suit filed on 19 December 1978 was timely. The findings on title and possession were left undisturbed.
Issues
- Whether the plaint included a possession claim attracting Article 65 rather than the three-year period applied by the High Court.
- Whether the suit was within time on its pleaded accrual of cause of action.
Provisions considered
- Article 65, Limitation Act, 1963The title-based suit included recovery of possession and attracted twelve years from when defendants’ possession became adverse. The Court applied that period to the pleaded cause of action and dates in this case. (¶ 12–21)
Held
- The High Court’s premise that the suit sought only declaration and consequential injunction overlooked the express prayer for possession from the receiver. The plaint sought all three forms of relief, making Article 65 applicable. (¶¶ 5, 12–18)
- The plaintiffs pleaded that defendants first asserted adverse title and possession to their knowledge in the section 145 proceedings culminating in attachment on 23 December 1966. The suit of 19 December 1978 was therefore within the applicable twelve-year period on those facts. (¶ 17–21)
- Limitation required attention to the plaint allegations and the pleaded accrual of cause of action. The factual findings on title and lawful possession had otherwise favoured the plaintiffs, and their correctness did not require reopening in this appeal. (¶ 21–22)
- The appeal was allowed, the High Court’s dismissal on limitation was set aside and the trial court’s judgment and decree restored. (¶ 23–24)
Result
Appeal allowed; High Court’s limitation ruling set aside and trial court judgment and decree restored.