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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Limitation

Farhan has enjoyed an easement of way over Gita's land for exactly twenty years, but the period ended five years before Gita contests the claim by suit. Under Section 25(2), what is the position?

The right is not established. Section 25(2) requires the twenty-year period to end within two years immediately before the suit contesting the claim is instituted. A period that ended five years earlier does not satisfy this, even though twenty years were once completed.

  1. AThe right is absolute, because twenty years were completed at some time
  2. BThe right is absolute only if Farhan also pays compensation
  3. CThe right is absolute, since the period need only be unbroken
  4. DThe right is not established, because the twenty years must end within two years next before the suitCorrect

Explanation

Section 25(2) requires each twenty-year period to be taken as ending within two years next before the institution of the suit in which the claim is contested. Here the period ended five years earlier, so it does not qualify. Merely completing twenty years at some past time is not enough.

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