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Legal Learning | Declaration vs. Cancellation of Sale Deed
Legal Learning
Limitation for Cancellation of Sale Deed vs. Possession
When a composite suit is filed for cancellation of a sale deed and recovery of possession, the limitation is decided based on the primary relief of cancellation.
Primary Relief = Cancellation → 3 Years (Article 59, Limitation Act)
Ancillary Relief = Possession → 12 Years (Article 65, Limitation Act) (Not primary here)
Key Principle:
Limitation is counted from when the right to sue first accrues, i.e., when the plaintiff first knows about the execution of the sale deed.
Supreme Court Held:
If cancellation is the core relief, suit must be filed within 3 years of knowledge of sale deed.
Recovery of possession alone cannot extend limitation to 12 years if possession is merely consequential.
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