Acquisition of Ownership by Possession (S. 25-27)
Mains Questions Limitation Act
Q.1. Discuss the provisions of the Indian Limitation Act, 1908 regarding the acquisition of ownership by possession. [HJS 1986)
Q.2. Mr. X claims a right of light and air through two windows of his house which open towards Mr. Y’s land. Mr. Y does not recognise this claim and starts constructing the house in such a way that Mr. X will naturally get less light and air through the windows of his house. Mr. X wants to file a suit against Mr. Y for some permanent relief and also wants an immediate relief during the pendency of such suit. Advice what permanent and immediate reliefs may be claimed by Mr. X and under what provisions of the statutory laws. What shall have to be pleaded and argued by Mr. X to ensure the claim of an immediate relief from the court? [HJS 1996]
Q. 3. What is the limitation period prescribed for filling a suit in the following cases:—
(i) By a landlord to recover possession from a tenant,
(ii) For compensation for false imprisonment.
(iii) To enforce a right of pre-emption.
(iv) For specific performance of contract. [HJS 1998]
Q. 4. What are the pro-requisites of establishing “ADVERSE POSSESSION” in Hindu Law and Limitation Act? [HJS 2000]
Q.5. ‘X’ was allotted a residential plot in the Municipal Area of Karnal, being the highest bidder in a public auction held by the Rehabilitation Department, Government of Haryana, on 31.10.1980. The site plan shown to ‘X’ at the time of auction depicted two ‘Public Parks’ on the east and west side of the plot. ‘X’ constructed his house in April, 1985 after getting the building plans sanctioned from Municipal Council, Karnal and kept windows on both sides of the house. In the year 2004, ‘A’ started digging foundations in the open space abutting the ‘west’ side of the ‘X’s house, claiming to be its owner on the plea that it was allotted to him by the Rehabilitation Department in lieu of the properties left by his deceased father in West Pakistan. “x” institutes a civil suit on 3.10.2006, claiming easement rights by prescription. Soon thereafter, Rehabilitation Department also issued a public notice for the auction of a residential plot, which as per the description given was abutting the house of ‘X’ on east side. “X’ institutes another civil suit on 1.1.2007 against the Rehabilitation Department, claiming the easementary rights. Explain with the support of case law:—
(i) Whether ‘X’ has acquired absolute and indefeasible right to easement against ‘A’?
(ii) Whether ‘X’ has acquired absolute and indefeasible right to easement against the Rehabilitation Department, Haryana?
(iii) What are the essential conditions to claim such like easementary rights under the Limitation Act, 1963? ([HJS 2011]
Q. 6. What is the period prescribed for perfecting title to property by adverse possession? [RJS 1980-81]
Q. 7. A is in adverse possession of a property since 1990. A in the year 2004 for consideration assigns his rights in the property to B and puts B into possession of the property. C, the registered owner of the I property in the year 2008 institutes a suit for possession of the property against B. B sets up a plea of suit being barred by time for the reason” of A having been in adverse possession to C, of the property since 1990. C contends that B having come into possession of the property in 2004 only and suit for possession having been instituted within 12 years thereof, is within time. Decide the controversy. [DJS 2008]
Q.8. ‘X’, a landlady inducted ‘Y’ as a tenant on a monthly rent of Rs. 5,000/- per month. The tenancy was for two years and was evidenced by the registered lease deed executed between the parties. The tenancy commenced in the year 1992. After expiry of two years, the tenant continued to occupy the tenanted premises. He also paid rent till the year 1996. In the year 1996, ‘X’ was transferred to Chennai and ‘Y’ stopped paying the rent thereafter. There was no correspondence between ‘X’ and ‘Y’ till the year 2011. In the year 2011, ‘X’ got sent a legal notice to “Y’, terminating the tenancy as per law and asked ‘Y’ to hand over the vacant possession of the premises to ‘X’. ‘X’ vide the same legal notice, also asked ‘Y’ to remit the complete due amount of rent to ‘X’. “Y’ in response contends that as he continued in possession of the premises for fourteen years without paying even a single rupee by way of rent, he has become the owner of the house. Thus he is neither liable to vacate the tenanted house nor liable to pay the due rent. Decide. [DJS 2011]
Q. 9. Write short note on Adverse possession [DJS 2014]