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The Limitation Act, 1963: page 10
The Limitation Act, 1963, India Code delivered snapshot f04b51220f8f7ec9, physical page 10, typed edition 1dfeee3418fb3c6c2705c1f8efa27e957b9cd3bd696b85a8698dbfdedaa18092. Unreviewed extraction.
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(3) Where the property over which a right is claimed under sub-section (1) belongs to the
Government that sub-section shall be read as if for the words “twenty years” the words “thirty 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 authorising the same to be made.
26. Exclusion in favour of reversioner of serivent tenement.—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 in terms of years exceeding three 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 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.
27. 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.
PART V
MISCELLANEOUS e
od
28. [Amendment of certain Acts.]—Rep. by Repealing and Amending Act, 1974 (56 of 1974),s.
2andtheFirst Schedule (w.e.f. 20-12-1974).
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29. Savings.—(1) Nothing in this Act shall affect section 25 of the Indian Contract Act, 1872 (9 of
1872). di
(2) Where any special or local law prescribes for any suit, appeal or application a period of limitation
In
different from the period prescribed by the Schedule, the provisions of section 3 shall apply as if such
period were the period prescribed by the Schedule and for the purpose of determining any period of
limitation prescribed for any suit, appeal or application by any special or local law, the provisions
contained in sections 4 to 24 (inclusive) shall apply only in so far as, and to the extent to which, they are
not expressly excluded by such special or local law.
(3) Save as otherwise provided in any law for the time being in force with respect to marriage and
divorce, nothing in this Act shall apply to any suit or other proceeding under any such law.
(4) Sections 25 and 26 and the definition of “easement” in section 2 shall not apply to cases arising in
the territories to which the Indian Easements Act, 1882 (5 of 1882), may for the time being extend.
30. Provision for suits, etc., for which the prescribed period is shorter than the period
prescribed by the Indian Limitation Act, 1908.—Notwithstanding anything contained in this Act,—
(a) any suit for which the period of limitation is shorter than the period of limitation prescribed by
the Indian Limitation Act, 1908 (9 of 1908), may be instituted within a period of1[seven years] next
after the commencement of this Act or within the period prescribed for such suit by the Indian
Limitation Act, 1908 (9 of 1908), whichever period expires earlier:
2
[Provided that if in respect of any such suit, the said period of seven years expires earlier than
the period of limitation prescribed therefor under the Indian Limitation Act, 1908 (9 of 1908) and the
said period of seven years together with so much of the period of limitation in respect of such suit
under the Indian Limitation Act, 1908 (9 of 1908), as has already expired before the commencement
of this Act is shorter than the period prescribed for such suit under this Act, then, the suit may be
instituted within the period of limitation prescribed therefor under this Act;]
1. Subs. by Act 10 of 1969, s. 2, for “five years” (retrospectively).
2. Ins. by s. 2, ibid. (retrospectively).
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