Legal Question in Real Estate Law in India

The ownership claim on the basis of perpetual-lease of the lease-holder (PLAINTIFF) is challenged by the defendant in w.s in 1991. An issue "whether the pltff.is owner of the suit propwerty" was made.THE suit is titled as suit 4 possession, permanent injuction & mense profit.The suit was filed in 1990.The plaint was not amended 2 convert the suit into a suit 4 declaration/or possession,permanent injuction & mense profit.Is the suit is now in 2009, liable 2 b dismissed vide AIR 2008 SC 2033 & limitations?Guide.

Asked on 10/07/09, 1:34 am

3 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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once the issue has been framed, the same would be decided even though it was not specifically prayed that the declaration of ownership be granted as the issue was framed based upon the reply of Defendant and not on the basis of plaint filed by the Plaintiff.

Answered on 10/07/09, 1:36 am

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Seshadri Srinivasan www.lawconcern.com

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For determining the right to possession the Court has already framed the issue of whether, "Plaintiff is owner of suit property" and that issue is a valid issue for the suit in question.

Answered on 10/08/09, 7:07 am

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