PART IV ACQUISITION OF OWNERSHIP BY POSSESSION

Section 25: Acquisition of easements by prescription

The Limitation Act, 1963

(1) Where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, and as of right, without interruption, and for twenty years, and where any way or watercourse or the use of any water or any other easement (whether affirmative or negative) has been peaceably and openly enjoyed by any person claiming title thereto as an easement and as of right without interruption and for twenty years, the right to such access and use of light or air, way, watercourse, use of water, or other easement shall be absolute and indefeasible.

(2) Each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested.

(3) Where the property over which a right is claimed under sub-section (1) belongs to the Government that sub-section shall be read as if for the words “twenty years” the words “thirty years” were substituted.

Explanation.—Nothing is an interruption within the meaning of this section, unless where there is an actual discontinuance of the possession or enjoyment by reason of an obstruction by the act of some person other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after the claimant has notice thereof and of the person making or authorising the same to be made.

Questions on this section

5 questions in 26 of our papers cite Section 25. Try these from the free papers:

1. Assertion (A): Section 25 of the Limitation Act, 1963 does not apply to cases arising in the territories to which the Indian Easements Act, 1882 extends. Reason (R): Under Section 2(f) of the Limitation Act, 1963, "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 the soil belonging to another.
2. Under Section 15 of the Indian Easements Act, 1882, each period of twenty years of enjoyment is to be taken as a period ending:
3. Consider the following statements regarding Section 25 of the Limitation Act, 1963: 1. The right to access and use of light or air for a building becomes absolute if enjoyed as an easement, as of right, without interruption, for twenty years. 2. Where the servient property belongs to the Government, the period is thirty years. 3. The period must be one ending within two years next before the institution of the suit in which the claim is contested. 4. A right of way becomes absolute after twelve years of peaceable and open enjoyment. Which of the statements given above is/are correct?

Practise questions on Limitation Act, 1963