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Part V – The Limitation Act, 1963

The Limitation Act, 1963

 

PART V – Suits relating to Immovable Property

 

 

 

62.

To enforce payment of money secured by a mortgage or otherwise charged upon immovable property.

Twelve years

When the money sued for becomes due.

63.

By a mortgage

 

 

(a) for foreclosure;

Thirty years

When the money secured by the mortgage becomes due.

(b) for possession of immovable property mortgaged.

Twelve years

When the mortgage becomes entitled to possession.

64.

For possession of immovable property based on previous possession and not on title, when the plaintiff while in possession of the property has been dispossessed.

Twelve years

The date of dispossession.

65.

For possession of immovable property or any interest therein based on title.

Twelve years

When the possession of the defendant becomes adverse to the plaintiff.

Explanation – for the purposes of this article –

 

(a) Where the suit is by a remainder-man, a reversionary (other than a landlord); or a devisee the possession of the defendant shall be deemed to become adverse only when the estate of the remainder man, reversionary or devisee, as the case may be falls into possession;

(b) Where the suit is by a Hindu or Muslim entitled to the possession of immovable property on the death of a Hindu or Muslim female the possession of the defendant shall be deemed to become adverse only when the female dies.

(c) Where the suit is by a purchaser at a sale in execution of a decree when the judgment-debtor was out of possession at the date of the sale, the purchaser shall be deemed to be a representative of the judgment-debtor who was out of possession.

66.

For possession of immovable property when the plaintiff has become entitled to possession by reason of any forfeiture or breach of condition.

Twelve years

When the forfeiture is incurred or the condition is broken.

67.

By a landlord to recover possession from a tenant.

Twelve years

When the tenancy is determined.

 

 

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The Limitation Act, 1963

 

Indian Laws – Bare Acts

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