Legal Question in Real Estate Law in India

Definite reply needed.

The duty of the court is 2 see whether the suit is barred by the law of limitation, OR NOT, irrespective of the fact whether such a plea that the suit is barred by limitation is taken or not taken by the defendant in his W.S.In a suit of possession by the benamidar (out of property 4 over 35 years) against the real owner( in possession 4 over 35 years) the court has made an issue ''IF the suit is barred by limitations.'' thE ONOUS OF THIS ISSUE IS not PUT ON any of the parties BY THE COURT 4 the reason said above tht the same being duty of the court to decide the issue of limitations itself.The suit is filed 35 years of the construction of the property in which benamidar is out & real owner is in since the date of construction.Kindly let me know if the suit be dealt by the court under art. 64 or art. 65 of the limitations act on the facts of the case.I want a definite advise into the matter under the simple fact that the suit is filed after 35 years of the IN possession of the real owner & Out possession of the benamidar.GIVE A CLEAR & DETAILED RELPY I HAVE ENUMERATED THE FULL FACTS 4 DECIDING THE APPLICABILITY OF ART. 64 OR ART. 65 OF THE LIMITATION ACT & DON'T JUST REPLY THAT THE FACTS R INSUFFICIENT or Consult ur lawyer.


Asked on 8/10/08, 6:13 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Definite reply needed.

Limitation and applicable article can be decided by a Court on the nature of suit and cause of action pleaded in the plaint before proceeding with the trial. At conclusion of trial, same can be decided in the light of the evidence of the parties.

Earlier as also now, you have not provided the details as to nature of suit and cause of action. One need to read the plaint as whole and decide.

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Answered on 8/11/08, 1:48 am


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