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Submitted by: Madona Raj, Submitted To: Prof Sriram

Roll No: BA0130036 Faculty of Clinal Paper II

Assignment on Limitation Act

Section 25 of the Limitation Act deals with Acquisition of easements by prescription. The period
of limitation of 60 years for acquiring a perspective right in respect of Government Proper is now
reduced to 30 years .The provisions of the limitation act regarding the acquisition of easement
tights are not exhaustive, as such rights may be acquired by long enjoyment which in certain
circumstances may lead to a presumption of lost grant or agreement. The section is remedial. It is
neither prohibitory nor exhaustive. A person may acquire a title under this section when he had
none at the beginning. But it does not exclude or interfere with other titles and modes of
acquiring easements. Prescriptive right based on immemorial user justifying a presumption of
lost grant may be claimed, and to establish a presumption of lost grant no particular period of
enjoyment is necessary. It is only where a right o f easement is based on a claim of uninterrupted
and continuous user alone that proof of enjoyment for a period of not less than 20 years is
needed. This section treats of the direct acquisition right to easement by prescription, i.e. long
possession or strictly speaking quasi possession. The section applies only to easementary rights
and not to natural rights. For example the right to drain off rain water according to the lie of the
land in a natural way is a natural right and is not restricted by the limitation imposed in this
section. This section and Section 26 does not apply in the territories to which the Indian
Easement Act (5 of 1882) applies.

The object of this section is to make more easy the establishment of rights of this description by
allowing an enjoyment of twenty years, if exercised under the conditions prescribed by the act
and to give without more a title to easements and as pointed out in Delhi and London Bank LTD
V Hem Lal Dutt, to provide another and more convenient mode of acquiring such easement, a
mode independent of any legal fiction and capable of easy proof in a court of law.

Cases: Mangal Das v Jewanram; Fadu Jhala v Gour Mohan Jhala

Section 26 must be read with Section 25. It provides for the exclusion of certain periods in
computing the period of twenty years under Section 25. In effect this section extends the required
period of a continuous enjoyment by so long a time as the term or the life interest continues. The
20 years required by Section 25 in cases falling within this section are only constructively next
before the institution of the suit. The object og the section is the prevention of easements being
acquired under the Act , against interested persons who are incapable of resistance. This section
is enacted for the benefit of reversioners and prevents accrual of a right which might turn out to
be most injurious to their property.

Section 27 – the principle of this section is that if the person having the right to possession
suffers his right to be barred by the law of limitation his title itself is extinguished in favour of
the party in possession. So far as thi section is concerned, it expressly provides