Topic
When a title deed is declared void, the court applied the 12-year limitation under Article 65 for a declaration suit, overturning the lower court’s dismissal on limitation grounds. This establishes that possession claims cannot rely on a shorter limitation, guiding litigants seeking declaratory relief in property disputes.
The Karnataka High Court ruled that plaintiffs who are not executants of a sale deed are not liable to pay ad valorem court fees under Section 38 of the Karnataka Court Fees Act for seeking a declaration of nullity. This decision reinforces the distinction between cancellation and declaration suits, impacting litigants in property disputes.
Bombay High Court reinforces that a declaration suit under Section 34 of the Specific Relief Act cannot be converted into a conveyance decree without an explicit prayer for specific performance. The ruling underscores procedural compliance, protecting landowners from unintended property transfers in co-operative housing disputes.
The Punjab & Haryana High Court ruled that a suit seeking only a declaration of invalidity of a sale deed-without any prayer for possession-does not attract ad valorem court fees. The decision reinforces that procedural compliance under Order VII Rule 11 CPC must align with the nature of relief sought, impacting plaintiffs and defendants in property disputes.