Limitation Act - Study Mode

[#401] Is it correct that a fresh period of limitation commences from the payment made on account of debt after the expiry of period of limitation?
Correct Answer

(B) No. The fresh period of limitation will only commence if the payment is made before the expiry of period of limitation and provided acknowledgement of payment appears in handwriting of or in writing signed by the person making the payment

[#402] Whether a court can grant extension of period of limitation under section 5 of the limitation act, 1963 on the ground of sufficient cause in case of an application under order 21 of the civil procedure code?
Correct Answer

(A) No

[#403] Under Limitation Act, 1963, the period of limitation for a suit by landlord to recover possession from a tenant after determination of tenancy is
Correct Answer

(C) Three years

Explanation

Solution: The Limitation Act, 1963 provides different limitation periods for various types of legal suits. In the case of a landlord filing a suit to recover possession of property from a tenant after the tenancy has been determined, Article 67 of the Schedule applies. According to Article 67, the limitation period is three years from the date of the determination of the tenancy. This means that once the tenancy ends—either through notice, expiry of the term, or legal termination—the landlord has a maximum of three years to initiate legal action to regain possession. The twelve-year period mentioned under other articles applies to adverse possession or recovery from unlawful occupiers, not tenants. Therefore, the correct answer is three years, and Option C is legally accurate.

[#404] Provision for condonation of delay, on the ground of sufficient cause is dealt with under-
Correct Answer

(A) Section 5 of the Limitation Act, 1963

[#405] Limitation Act - Suit filed by plaintiff based on agreement to sell, which was executed on 3 rd September, 2001 with a stipulation that sale deed will be executed within six months. Stay order passed in another appeal by which the owner was restrained from alienating the property w.e.f. 3 rd March, 2003 to 28 th September, 2006 for the purpose of the calculation of the period of limitation -
Correct Answer

(A) Period of three years would start from 3 rd March, 2002 i.e. after lapse for six months because there was no stay against the plaintiff for filing a suit claiming specific performance