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Suit for declaration of title over property and recovery of possession. Registered gift deed dated 05.03.1983 was duly executed, transferring absolute title to plaintiff, despite revocation on 17.08.1987 as donor had not reserved revocation right. Suit filed on 25.09.1991, not barred by limitation. For declaration of title, limitation is 3 years under Article 58. However, for recovery of possession based on title, limitation is 12 years from date of defendant's adverse possession under Article 65. Suit sought both reliefs, so 12-year limitation applied. No error by lower courts in decreeing suit. SC dismissed appeal.
Suit for declaration of title over property and recovery of possession. Registered gift deed dated 05.03.1983 was duly executed, transferring absolute title to plaintiff, despite revocation on 17.08.1987 as donor had not reserved revocation right. Suit filed on 25.09.1991, not barred by limitation. For declaration of title, limitation is 3 years under Article 58. However, for recovery of possession based on title, limitation is 12 years from date of defendant's adverse possession under Article 65. Suit sought both reliefs, so 12-year limitation applied. No error by lower courts in decreeing suit. SC dismissed appeal.
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