What is the difference between Article 64 and 65 of limitation Act?

Article 65 relates to suits for possession based on title while Art. 64 deals with suits based on possession and not on title. 65 it is for the defendant to prove when his possession became adverse. …

Can I claim my land after 12 years?

The Limitation Act of 1980 provides that no action shall be brought by any person to recover any land after the expiration of twelve (12) years from the date on which the right of action accrued to him. The right of action shall be treated as having accrued on the date of dispossession or discontinuance.

What is limitation period for suit for immovable property?

Statutory limitation period for immovable property is 12 years.

What is Article 120 of Limitation Act?

…Article 120 of the Limitation Act, 1908 and while interpreting the said Article, the Apex Court observed as under…Article 120 (of Old Limitation Act, 1908) accrues only when the defendant clearly and unequivocally threats to infringe the right of the plaintiff in the suit…filed in 1940, admittedly after six …

How many sections are there in Limitation Act?

The Articles relating to suits are divided into 10 parts on the basis of the periods of limitation and not on the nature of suits. The periods range from 30 days to 60 years. For appeals there are 6 periods ranging from 7 days to 6 months. For applications there are 9 periods ranging from 10 days to 12 years.

Can you file a case after limitation period?

– – Period of filing appeal and application can be extended if proper cause is shown (but not the suit) [section 5]. IF COURT IS CLOSED ON LAST DAY – If court is closed on last day of limitation, suit, appeal or application can be filed on next day when Court reopens.

Can I claim property after 20 years?

Answers (1) Yes, you can claim your share over the said rooms of the said property. Continuity in adverse possession: The possession and occupation of the property by the trespasser/claimant must be continuous, uninterrupted and unbroken for the entire statutory period of limitation.

Can I claim my land after 50 years?

as per your enquiry I will give you advise that if a person know the all fact and the ownership of the other person and he never claim his right over the property and after 50 years he claims then he has no right to claim because it would be out of limitation period but if he doesn’t know about the ownership of the …

What is Article 112 of Limitation Act?

Article 112 clearly provides the limitation in respect of a suit by Central Government or by State Government and not by any of its instrumentalities or agency, particularly a Corporation, even if established by the Central Government/State Government.

What is Article 59 of Limitation Act?

Article 59 of the Limitation Act applies specially when a relief is claimed on the ground of fraud or mistake. It only encompasses within its fold fraudulent transactions which are voidable transactions.

What does Article 65 of Limitation Act cover?

Explanation (b) to the Article 65 covers the suits for possession of immovable property by a Hindu or a Muslim entitled to possession to such property on the death of Hindu or Muslim female.

Can a person Sue under Article 65 of the Act?

The right ripened by prescription by his adverse possession is absolute and on dispossession, he can sue based on ‘title’ as envisaged in the opening part under Article 65 of Act. The Court, hence, held that

What does an explanation to art.65 mean?

The explanation (a) to Art. 65 indicates a suit by a remainder man, a reversioner (other than a landlord) or a devisee for possession of the property will attract Art. 65.

What’s the difference between Article 64 and Article 65?

In the case of Art. 64, the onus lies on the plaintiff to prove his possession within 12 years, while in the case of Art. 65 it is for the defendant to prove when his possession became adverse.