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Report No. 89

Chapter 27

Section 27: Extinguishment of Right to Property

27.1. Prescription as extinguishing rights.- In the context of prescription, the more important provision is to be found in section 27, which may be described as the shortest but the most important section of the Act. In terms, it deals with the extinction of righ.-extinctive prescripti.-but, in effect, it amounts to the creation of a corresponding right, which in practice, has come to be known as title by adverse possession. The section reads as unde.-

"27. At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished."

27.2. Other points concerning section 27.- The theoretical as well as practical importance of the extinction and acquisition of title to property by prescription is, by now, well understood and it is hardly necessary to spend much time over the subject. While the principle enacted in the section is confined to property which it is sought to possess, at the same time, it applies to property to all kin.-movable and immovable, including a hereditary office.

Again, while the section, as already stated above, purports only to deal with the extinction of rights, it is well established that actual ownership of the property is also acquired by another person who was in adverse possession of the property for the period specified in the section. In other words, a good title is also conferred upon the person in possession de facto.1

1. Ganga Gobind Mandal v. Collector of the Twenty-four-Pergunnahs, (1867) 11 Moo IA 345 (360); Amirunnisa Begum v. Umar Khan, (1872) 8 Beng LR 540; Gossain Doss Chunder v. Issur Chunder Nath, 1878 ILR 3 Cal 224; Radhabai v. Anantrao, 1885 ILR 9 Born 198 (228).

27.3. No change needed.- On a consideration of the case-law in question, no change appears to be needed in section 27.

The Limitation Act, 1963 Back

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