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Supreme Court Of India

(From : AIR 1996 Bombay 280)

Hon'ble Judge(s): S. Saghir Ahmad, Y. K. Sabharwal , JJ

(A) Limitation Act (36 of 1963) , Art.65, Art.58— Possession taken under void documents - Suit to recover possession simpliciter - Can be filed - There is no need to seek declaration about invalidity of the documents - Even if relief of declaration is sought along with recovery of possession - Suit would be governed by Art. 65 and not Art. 58. When possession has been taken by the appellants pursuant to void documents, ignoring them a suit for possession simpliciter could be filed and in the course of the suit it could be contended that these documents are nullity - Article 65 of the Limitation Act will @page-SC1100 apply and the limitation to file the suit would be 12 years even if relief of declaration that the documents are nullity is sought along with possession that would be inconsequential - Suit would as yet be governed by Art. 65 and not by Art. 58.(Para 6) (B) Specific Relief Act (47 of 1963) , S.6— Suit for recovery of possession - Equitable consideration - Urban property within ceiling limit - Possession taken by State by denying owner permission for transfer under S. 27 of Urban Land Ceiling Act and by exercising option to purchase - Order denying permission and consequential purchase by State becoming void as S. 27 was declared unconstituti....