PART
IV
ACQUISITION OF OWNERSHIP BY POSSESSION
26.
ACQUISITION OF RIGHT TO BASEMENTS - (1) Where is the access and use
of light or air to and for any building have been peaceably enjoyed therewith
as an easement, and as of right , without interruption, and for twenty
years, and where any way or watercourse, or the use of any water, or any
other easement (whether affirmative or negative) has been peaceably
and openly enjoyed by any person claiming title thereto as an easement
and as of right without interruption, and for twenty years, the right
to such assess and use of light or air, way, watercourse, use of water,
or other easement shall be absolute and indefeasible.
(2)
Each of the said periods of twenty years shall be taken to be a
period ending within two year next before the institute of the suit
wherein the claim to which such period relates is contested.
(2)
Where the property over which a right is claimed under subsection
(1) belongs to [the Government], the sub-section shall be read as if
for the words "twenty years" the words "sixty years"
were substituted.
Explanation
:- Nothing is an interruption within the meaning of this section
unless where there is an actual discontinuance of the possession or
enjoyment by reason of an obstruction by the act of some person other
than the claimant, and unless such obstruction is submitted to
or acquiesced in for one year after the claimant has notice thereof
and of the person making or authorizing the same to be made.
27.
EXCLUSION IN FAVOUR OF REVERSIONER OF REVERSIONER- Where any land
or water upon, over or from which any easement has been enjoyed or derived
has been held under or by virtue of any interest for life or any term
of years exceeding there years from the granting thereof, the
time of the enjoyment of such easement during the continuance of such
interest or term shall be excluded in the computation of the period
of twenty years in case the claim is, within three years next after
the determination of such interest or term, resisted by the person
entitled, on such determination, to the said land or water.
28.
EXTINGUISHMENT OF RIGHT TO PROPERTY.-At the determination of the
period hereby limited to any person for instituting a suit for
Possession of any property, his right to such property shall be extinguished.
29.
SAVINGS-1(1)Nothing in this Act shall affect section 25 of the
contract Act, 1872 (IX of 1872.)
(2)
Where any special prescribes law for any suit or application a
period of limitation different from the period prescribed therefore
by the first schedule, the provisions of section 3 shall
apply, as if such period were prescribed therefore in that
schedule, and for the purpose of determining any period of limitation
prescribed for any suit, appeal or application by any special
or local law
(a)
the provision contained in section 4, sections 9 to 18, and section
22 shall apply only in so far as, and to the extend to which, they are
not expressly excluded by such special law; and
(b)
the remaining provisions of this Act shall not apply.
[(3)]
Nothing in this Act shall apply to suit under the Divorce Act
(VI of 1969).
(4)
Section 26 and 27 and the definition of "easement" in section
2 shall not apply to cases arising in territories to which the
Easements Act, 1882 (V of 1882), may for the time being extend.
Secs.
30 and 31 [Provision for suits for which the period prescribed is
shorter than that prescribed by the India Limitation Act, 1877. Provision
for suits by certain mortgagees in territories mentioned in the
Second Schedule.] Rep. by Repealing and Amending Act, 1930 (VIII
of 1930), s. 3 and Second Schedule.
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