Nature of grievance

SUIT TO OBTAIN DECLARATION AS TITLE TO THE PROPERTY: Where a person, who is entitled to any property, may institute a suit for declaration, against any person denying, or interested to deny, his title to such property, within three years from the date when the right to move the court of law, first accrues, under Article 58 of Limitation Act, 1963.

Under the law, broadly, three distinct actions lie in respect of an immovable property, namely – (a) When a cloud is raised over a person’s title and he does not have a possession, a Suit for declaration and possession, with or without a consequential injunction is the remedy; (b) Where a person claims title or interest, but he is out of possession, he has to sue for possession and consequential injunction, may be alongwith declaration to his title or interest; (c) Where there is merely an interference with a person’s lawful possession or where there is a threat of dispossession, or where there is a frustration or interference in the free and full enjoyment of the property, it is sufficient to sue for an injunction simpliciter