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Limitation: Outer limitation of time to remain in case of multiple reliefs

IN CIVIL APPEAL NO. 4478 OF 2007, SOPANRAO & ANR. vs SYED MEHMOOD & ORS., one of the objections before the Supreme Court was that the suit had been filed beyond the period of 3 years set by the limitation act for suits for declaration and the said objection was accepted by the trial court.

The Supreme Court however found the objection is totally untenable. The court held that admittedly, the possession of the land was handed over to the Trust only in the year 1978. The suit was filed in the year 1987. The appellants contend that the limitation for the suit is three years as the suit is one for declaration. We are of the view that this contention has to be rejected. We have culled out the main prayers made in the suit hereinabove which clearly indicate that it is a suit not only for declaration but the plaintiffs also prayed for possession of the suit land. The limitation for filing a suit for possession on the basis of title is 12 years and, therefore, the suit is within limitation. Merely because one of the reliefs sought is of declaration that will not mean that the outer limitation of 12 years is lost. 

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