Limitation Period for Suits Relating to Immovable Property

Part V of Schedule 1 of Limitation Act

61-By a mortgagor—

a)

Description of Suit :to redeem or recover possession of immovable property mortgaged;

Limitation Period : Thirty years.

Time from which period begins to run : When  the  right  to  redeem  or  to  recover possession accrues.

b)

Description of Suit : to    recover    possession    of immovable property mortgaged and afterwards  transferred  by the  mortgagee  for  a  valuable consideration;

Limitation Period : Twelve years.

Time from which period begins to run : When  the  transfer  becomes  known  to  the plaintiff.

c)

Description of Suit : to  recover  surplus  collections received by the mortgagee after the mortgage has been satisfied.

Limitation Period : Three years.

Time from which period begins to run : When the   mortgagor   re-enters   on   the mortgaged property.

62


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

Limitation Period : Twelve years.

Time from which period begins to run : When the money sued for becomes due.

63-By a mortgagee—

a)

Description of Suit : for foreclosure;

Limitation Period : Thirty years.

Time from which period begins to run : When  the  money  secured  by  the  mortgage becomes due.

b)

Description of Suit : for  possession  of  immovable property mortgaged.

Limitation Period : Twelve years.

Time from which period begins to run : When  the  mortgagee  becomes  entitled  to possession

64


Description of Suit : 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.

Limitation Period : Twelve years.

Time from which period begins to run : The date of dispossession.

65

Description of Suit : For possession of immovable property or  any  interest  therein based on title.
  
Explanation.—For  the  purposes  of this article—

  1. where    the    suit    is    by    a remainderman,    a    reversioner (other   than   a   landlord)   or   a devisee,the  possession  of  the defendant  shall  be  deemed  to become  adverse  only  when  the estate   of   the   remainderman, reversioner  or  devisee,  as  the case     may     be,     falls     into possession;
  2. 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;
  3. 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.

Limitation Period : Twelve years.

Time from which period begins to run : When   the   possession   of   the   defendant becomes adverse to the plaintiff.

66


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

Limitation Period : Twelve years.

Time from which period begins to run : When  the  forfeiture  is  incurred  or  the condition is broken.

67.


Description of Suit : By  a  landlord  to  recover possession from a tenant.

Limitation Period : Twelve years.

Time from which period begins to run : When the tenancy is determined.

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