Jojy George Koduvath
The key categories of suits relating to immovable property that are barred by limitation can be broadly enumerated as follows (The starting point of limitation under the relevant Articles of the Limitation Act, 1963 is indicated).
RECOVERY/POSSESSION, FORFEITURE, ETC.
- 1. Recovery of possession based on previous possession — 12 years — From the date of dispossession — Article 64.
- 2. Recovery of possession based on title — 12 years — When the defendant’s possession becomes adverse to the plaintiff — Article 65.
- 3. Adverse possession/ extinguishment of owner’s right — 12 years — Article 65 (read with Section 27) — on expiry of the period limited for a suit for possession.
- 4. Possession after forfeiture or breach of condition — 12 years — When the forfeiture is incurred or the condition is broken — Article 66.
- 5. Landlord’s suit for possession from tenant after determination of tenancy — 12 years — When the tenancy is determined — Article 67.
- 6. Recovery of mesne profits — 3 years — When the profits are received — Article 51.
- 7. Vendor’s suit for unpaid purchase money of immovable property — 3 years — Time fixed for completing sale, or relevant later date — Article 53.
- 8. Specific enforcement of right of pre-emption — 1 year — When purchaser takes possession, or, if possession is not delivered, when sale is registered — Article 97.
- 9. Suit by person totally excluded from joint-family property to enforce his share — 12 years — When exclusion becomes known — Article 110.
- 10. Suit by Mitakshara son to set aside father’s alienation of ancestral property—12 years — When alienee takes possession — Article 109.
- 11. Possession of hereditary office — 12 years — When defendant’s possession becomes adverse to plaintiff — Article 107.
- 12. Possession of public street/road by local authority — 30 years — Dispossession or discontinuance of possession — Article 111.
- 13. Suit by Central/State Government — 30 years — When the period would begin to run against a private plaintiff — Article 112.
Adverse Possession and Partition
- Articles 64–67 specifically deal with adverse possession and forfeiture of lease.
- Partition — particularly where the plaintiff’s right to seek partition is alleged to have been extinguished by adverse possession, ouster – 12 years
Lease / Rent
- 1. Recovery of arrears of rent — 3 years — Article 52 — Time runs from when the arrears become due.
- 2. Recovery of possession after forfeiture/breach of lease condition — 12 years — Article 66 — Time runs from when the forfeiture is incurred or the condition is broken.
- 3. Recovery of possession by landlord from tenant after determination of tenancy — 12 years — Article 67 — Time runs from when the tenancy is determined.
B. EASEMENTS
- 1. Acquisition of Easement by Prescription — 20 years — Section 25, Limitation Act.
- The easement must have been enjoyed:
- peaceably;
- openly;
- as of right;
- without interruption;
- for 20 years.
- 2. Where the servient property belongs to Government, the period is 30 years.
Important:
- Section 25 itself says that this provision does not apply in territories to which the Indian Easements Act, 1882 extends, by virtue of Section 29(4).
Suit concerning disturbance of an easement
- A suit based upon a wrongful obstruction may attract an appropriate Article concerning the particular wrongful act, while a claim to establish a periodically recurring right may fall under Article 104 — 3 years from the first refusal.
C. MORTGAGE
- 1. Redemption/recovery of possession by mortgagor — 30 years — Article 61(a)
- 2. Recovery of mortgaged property transferred by mortgagee for valuable consideration — 12 years — Art. 61(b) — from when transfer becomes known
- 3. Recovery of surplus collections by mortgagor — 3 years — Article 61(c)
- 4. Enforcement of money secured by mortgage/charge 12 years — Article 62 — when money becomes due
- 5. Foreclosure by mortgagee — 30 years — Article 63(a)
- 6. Possession by mortgagee — 12 years — Article 63(b)
D. TRUSTS AND TRUST PROPERTY
- 1. Section 10 can make certain suits against trustees not barred by any length of time, subject to its terms. Therefore, one must not simply put all trust-property claims under a limitation period.
- 2. Recovery of immovable trust property transferred by trustee for valuable consideration —12 years — Article 92 — From when the transfer becomes known to the plaintiff.
- 3. Recovery of movable trust property transferred by trustee for valuable consideration — 3 years — Article 93 — From when the transfer becomes known to the plaintiff.
- 4. Setting aside transfer of immovable property of Hindu/Muslim/Buddhist religious or charitable endowment — 12 years — Article 94 — From when the transfer becomes known to the plaintiff.
- 5. Setting aside transfer of movable property of such endowment — 3 years — Article 95 — From when the transfer becomes known to the plaintiff.
- 6. Manager of Hindu/Muslim/Buddhist religious or charitable endowment seeking recovery of property transferred by previous manager for valuable consideration — 12 years — Article 96 —The starting point is linked to the death, resignation or removal of the transferor, or appointment of the plaintiff as manager, whichever is later.
