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.
Bombay High Court rules that plaintiffs may combine declaratory and possessory reliefs in a single suit without facing threshold dismissal under Order VII Rule 11 CPC. The court held that if possession is claimed, the 12-year limitation under Article 65 of the Limitation Act applies, and dismissal without trial is impermissible, even if the pleadings appear cleverly drafted.
Calcutta High Court rules that environmental clearance granted by SEIAA overrides initial erroneous estimates in mining plans. Field inspections based solely on data discrepancies, without evidence of actual violations, are arbitrary and unlawful, violating principles of administrative fairness.