CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Limitation
Anil claims a right of way over a plot belonging to the State Government, which he has openly and peaceably used as of right without interruption. Under Section 25 of the Limitation Act, 1963, what period of enjoyment is needed for the easement to become absolute?
Thirty years. When the property over which an easement is claimed belongs to the Government, Section 25(3) substitutes thirty years for the usual twenty years. The claimant must show peaceable, open enjoyment as of right without interruption for that longer period.
- ATwenty years
- BThirty yearsCorrect
- CSixty years
- DTwelve years
Explanation
Section 25(3) states that where the property over which the right is claimed belongs to the Government, the words 'twenty years' are read as 'thirty years'. Twenty years is the period for private property, so it is wrong here.
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