Supreme Court: Difference between Article 64 and Article 65 of Limitation Act

Both articles 64 and 65 are rules of limitation, the only difference being that in the former the onus lies on the plaintiff to prove his dispossession within 12 years while in the latter it is for the defendant to prove when his possession became adverse.

Article 64 of the Limitation Act, 1963 (Article 142 of the Limitation Act, 1908) is restricted to suits for possession on dispossession or discontinuance of possession. In order to bring a suit within the purview of that article, it must be shown that the suit is in terms as well as in substance based on the allegation of the plaintiff having been in possession and having subsequently lost the possession either by dispossession or by discontinuance. Article 65 of the Limitation Act, 1963 (Article 144 of the Limitation Act, 1908) on the other hand is a residuary article applying to suits for possession not otherwise provided for. Suits based on plaintiffs' title in which there is no allegation of prior possession and subsequent dispossession alone can fall within article 65. The question whether the article of limitation applicable to a particular suit is article 64 or article 65 has to be decided by reference to pleadings. The plaintiff cannot invoke article 65 by suppressing material facts. 

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 5864 of 1999

Decided On: 10.08.2004

Ramiah Vs. N. Narayana Reddy (Dead) by Lrs.

Hon'ble Judges/Coram:

Ashok Bhan and S.H. Kapadia, JJ.

Citation: 2004 AIR SCW 4695

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SHORT NOTES ON LIMITATION ACT PART 4

S 25 Acquisition of easement by prescription

The following conditions must be satisfied for the acquisition of right to easement:

a) In the case of access and use of light or air to and for any building: that they have been enjoyed therewith-

1)Peaceably

2) as an easement,

3) as of right,

4) without interruption,

5) for 20 years(or in case of government property for 30 years).

b) in the case of any way,or watercourse or the use of any water or any other easement: that it has been enjoyed therewith-

1) Peaceably,

2) openly,

3) by any person claiming title thereto,

4)as an easement,

5) of right,

6) without interruption,

7) for 20 years(or in case of government property for 30 years).

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SHORT NOTES ON LIMITATION ACT PART 3

S 18. Effect of acknowledgment in writing:-

Acknowledgment means a definite, clear admission of existing liability.

It is not necessary that there should be promise to pay. An acknowledgment does not create any new right of action but only enlarges the time and has the effect of making a new period run from the date of acknowledgment. Under this section, an acknowledgment is not limited in respect of a debt only, it may be in respect of “any property or right” which is the subject matter of the suit. There must be an unqualified,or an admission qualified by a condition which is fulfilled.

Ingredients of S 18 and essentials of a valid acknowledgment:-

To constitute a valid acknowledgment and thus to give a fresh period of limitation under this section,the following conditions must be satisfied.

1) The acknowledgment must have been made before the expiration of the period prescribed.

2) The acknowledgment must have been made by the party against whom the right is then claimed or by any person through whom he derives his title or liability.

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SHORT NOTES ON LIMITATION ACT 1963 Part 2

S 15. Exclusion of time in certain other cases:-

The present section says that time is to be excluded in the following circumstances:-

Sub S 1- When a suit or execution proceedings are stayed by injunction or order.

Sub S 2- When notice to government or any other authority is necessary, the period of notice. Where notice is not mandatory, period will not be excluded.

Sub S 4 – In computing the period of limitation for a suit for possession by a purchaser at a sale in execution of decree, the time during which proceeding to set aside sale has been prosecuted shall be excluded.

Sub S 5 -When defendant has been absent from India.

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SHORT NOTES ON LIMITATION ACT 1963 PART 1

S 2 Definitions:-

f) Easement includes a right not arising from contract, by which one person is entitled to remove and appropriate for his own profit any part of soil belonging to another or anything growing in or attached to,or subsisting upon the land of another;

h) Good faith- Nothing shall be deemed to be done in good faith which is not done with due care and attention;

m) Tort -It means a civil wrong which is not exclusively the breach of a contract or the breach of a trust;

S 3. Bar of limitation:-

Sub S 1- Every suit instituted,appeal preferred and application made after prescribed period shall be dismissed, although limitation has not been set up as defence.

Sub S 2- For the purposes of this Act:-

a) A suit is instituted

1) when plaint is presented to proper officer;

2) in the case of pauper, when his application for leave to sue as a pauper is made;

b) Any claim by way of a set off,or a counter claim shall be treated as a separate suit and shall be deemed to have been instituted-

1) in the case of set off, on the date as the suit in which set off is pleaded;

2) in the case of counter claim, on the date on which counter claim is made in court;

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