In Advanced Law Lexicon by P. Ramanatha Aiyar, 3rd Edn. 'reasonable time' is explained as follows:
That is a reasonable time that preserves to each party the rights and advantages he possesses and protects each party from losses that he ought not to suffer.
Thus time must be reckoned reasonably, not only in order to preserve rights and advantages a party possesses, but equally to protect each party from the losses he ought not to suffer. Thus whether an action has been taken within a reasonable time must also be viewed from the point of view of the party who might suffer losses.
In our view, where no period of limitation is prescribed, the action must be taken, whether suo motu or on the application of the parties, within a reasonable time. Undoubtedly, what is reasonable time would depend on the circumstances of each case and the purpose of the Statute. In the case before us, we are clear that the action is grossly delayed and taken beyond reasonable time, particularly, in view of the fact that the land was transferred several times during this period, obviously, in the faith that it is not encumbered by any rights.
11. We are of the view that merely because the legislation is beneficial and no limitation is prescribed, the rights acquired by persons cannot be ignored lightly and proceedings cannot be initiated after unreasonable delay as observed by this Court in the case of Situ Sahu and Ors. v. State of Jharkhand reported in MANU/SC/0744/2004 : (2004) 8 SCC 340.
IN THE SUPREME COURT OF INDIA
C.A. No. 1250 of 2008
Decided On: 19.04.2017
Chhedi Lal Yadav and Ors. Vs. Hari Kishore Yadav (D) thr. L.Rs. and Ors.
Hon'ble Judges/Coram:
S.A. Bobde and L. Nageswara Rao, JJ.
Citation: (2018) 12 SCC 527
