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

Meera's house has enjoyed light and air through a window over her neighbour Rohan's private land. She has enjoyed it peaceably, as of right and without interruption. Under the Limitation Act, 1963, after how many years of such enjoyment does her right become absolute and indefeasible?

Twenty years. Where an easement such as light or air is peaceably enjoyed as of right and without interruption over private property for twenty years, the right becomes absolute and indefeasible. The thirty-year period applies only when the property belongs to the Government.

  1. ATwenty yearsCorrect
  2. BTen years
  3. CThirty years
  4. DTwelve years

Explanation

Section 25(1) provides that for light or air to a building, or for a way, watercourse or other easement, peaceable and open enjoyment as of right without interruption for twenty years makes the right absolute and indefeasible. Thirty years applies only where the servient property belongs to the Government, which is not the case here as Rohan is a private owner.

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