Aman and Manish have a dispute regarding the possession of an immovable property. The dispute arose when Aman was 8 years old. Aman wants to file a civil suit for the recovery of possession of the immovable property agai
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2024
Aman and Manish have a dispute regarding the possession of an immovable property. The dispute arose when Aman was 8 years old. Aman wants to file a civil suit for the recovery of possession of the immovable property against Manish. The Limitation Act specifies a limitation period of 12 years for the recovery of possession in such disputes, However, since Aman was a minor when the limitation period commenced, how much time does he have to file a suit after the cessation of his minority under the Limitation Act, 1963. Explain. What happens when there is a joint entitlement of filing a suit or application ?
Answer & Explanation:
Legal Disability under the Limitation Act, 1963: The provisions related to persons under legal disability are given in Sections 6-8 of the Limitation Act, 1963. Section 6 is an enabling section that allows persons under disability (like minority) to exercise their legal rights within a certain time. Section 7 supplements Section 6, and Section 8 controls these sections, acting as an exception to Sections 6 and 7. The combined effect of Sections 6 and 8 is that where the prescribed period of limitation expires before the cessation of disability (e.g., before the attainment of majority), the minor will be entitled to a fresh period of limitation from the attainment of his majority. However, this is subject to the condition that in no case shall the period extended by Section 6 by virtue of Section 8 exceed three years from the cessation of disability (i.e., cessation of minority). In the given situation: The dispute arose when Aman was 8 years old. The limitation period for recovery of possession of immovable property is 12 years. Aman was a minor when the limitation period commenced. Since Aman was a minor when the cause of action arose, the 12-year limitation period would normally start running. However, due to his minority, Section 6 would grant him an extension. Section 8 limits this extension. If the 12-year period expires while Aman is still a minor, he will get a fresh period of limitation from the date he attains majority. This fresh period, however, cannot exceed three years from the cessation of his minority. Conclusion for Aman: Aman can only get 3 years from the cessation of his disability (i.e., cessation of minority) to file a civil suit by virtue of Section 8 of the Limitation Act. Therefore, Aman must file a suit within 3 years of attaining majority. Joint Entitlement of Filing a Suit or Application (Section 7): Section 7 deals with the situation where there is joint entitlement of filing a suit or application. It gives rise to two situations: When discharge may be given by any other person without concurrence: In this situation, time will run against all of them. When discharge cannot be given by any other person without concurrence: In this situation, time will not run as against any of them until one of them becomes capable of giving such discharge without the concurrence of the others or until the disability has ceased.
Topics: Limitation Act, 1963
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