Section 28. Extinguishment of right to property

28. Extinguishment of right to property. --- FIRST SCHEDULE. REPEALS. SECOND SCHEDULE. I. SUITS. II. APPEALS. III. APPLICATIONS. 1877.] Limitation. 619 ACT No. XV of 1877. PASSED BY THE GOVERNOR GENERAL OF INDIA IN COUNCIL. (Received the assent of the Governor General on the 19th July 1877.) An Act for the Limitation of Suits, and for other purposes. WHEREAS it is expedient to amend the law relating to the limitation of suits, appeals and certain applications to Courts; And whereas it is also expedient to provide rules for acquiring by possession the ownership of easements and other property; It is hereby enacted as follows:— 28. 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. THE FIRST SCHEDULE. (See section 2.) | Number and year of Acts. | Title. | Extent of repeal. | | --- | --- | --- | | X of 1865 ... | The Indian Succession Act. | In section 321, the words "within two years after the death of the testator, or one year after the legacy has been paid." | | IX of 1871 ... | The Indian Limitation Act, 1871. | The whole. | | X of 1877 ... | The Code of Civil Procedure. | Section 599, and in section 601 the words "within thirty days from the date of the order." | THE 1877.] Limitation. THE SECOND SCHEDULE. (See section 4.) FIRST DIVISION: SUITS. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 1.—To contest an award of the Board of Revenue under Act No. XXIII of 1863 (to provide for the adjudication of claims to waste-lands). | Part I.—Thirty days. Thirty days ... | When notice of the award is delivered to the plaintiff. | | 2.—For compensation for doing, or for omitting to do, an act alleged to be in pursuance of any enactment in force for the time being in British India. | Part II.—Ninety days. Ninety days ... | When the act or omission takes place. | | 3.—Under the Specific Relief Act, 1877, section 9, to recover possession of immoveable property. | Part III.—Six months. Six months ... | When the dispossession occurs. | | 4.—Under Act No. IX of 1860 (to provide for the speedy determination of certain disputes between workmen engaged in railway and other public works and their employers), section one. | Ditto | When the wages, hire or price of work claimed accrue or accrues due. | | 5.—Under the Code of Civil Procedure, chapter XXXIX (Of summary procedure on negotiable instruments). | Ditto | When the instrument sued upon becomes due and payable. | | 6.—Upon a Statute, Act, Regulation or Bye-law, for a penalty or forfeiture. | Part IV.—One year. One year ... | When the penalty or forfeiture is incurred. | Limitation. THE SECOND SCHEDULE—continued. FIRST DIVISION: SUITS—continued. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 7.—For the wages of a household servant, artisan or labourer not provided for by this schedule, No. 4. | Part IV.—One year,—contd. One year | When the wages accrue due. | | 8.—For the price of food or drink sold by the keeper of a hotel, tavern or lodging-house. | Ditto | When the food or drink is delivered. | | 9.—For the price of lodging | Ditto | When the price becomes payable. | | 10.—To enforce a right of preemption, whether the right is founded on law, or general usage, or on special contract. | Ditto | When the purchaser takes, under the sale sought to be impeached, physical possession of the whole of the property sold, or, where the subject of the sale does not admit of physical possession, when the instrument of sale is registered. | | 11.—By a person against whom an order is passed under section 280, 281, 282 or 335 of the Code of Civil Procedure, to establish his right to, or to the present possession of, the property comprised in the order. | Ditto | The date of the order. | | 12.—To set aside any of the following sales:— (a) sale in execution of a decree of a Civil Court; | Ditto | When the sale is confirmed, or would otherwise have become final and conclusive had no such suit been brought. | 877.] Limitation. THE SECOND SCHEDULE—continued. FIRST DIVISION: Suits—continued. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | (b) sale in pursuance of a decree or order of a Collector or other officer of revenue; (c) sale for arrears of Government revenue, or for any demand recoverable as such arrears; (d) sale of a patní taluq sold for current arrears of rent. Explanation.—In this clause 'patní' includes any intermediate tenure saleable for current arrears of rent. | Part IV.—One year,—contd. | | | 13.—To alter or set aside a decision or order of a Civil Court in any proceeding other than a suit. | One year | ... The date of the final decision or order in the case by a Court competent to determine it finally. | | 14.—To set aside any act or order of an officer of Government in his official capacity, not herein otherwise expressly provided for. | Ditto | ... The date of the act or order. | | 15.—Against Government to set aside any attachment, lease or transfer of immoveable property by the revenue authorities for arrears of Government revenue. | Ditto | ... When the attachment, lease or transfer is made. | 636 Limitation. [ACT XV] THE SECOND SCHEDULE—continued. FIRST DIVISION: SUITS—continued. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 16.—Against Government to recover money paid under protest in satisfaction of a claim made by the revenue authorities on account of arrears of revenue or on account of demands recoverable as such arrears. | Part IV.—One year,—contd. One year | When the payment is made. | | 17.—Against Government for compensation for land acquired for public purposes. | Ditto | The date of determining the amount of the compensation. | | 18.—Like suit for compensation when the acquisition is not completed. | Ditto | The date of the refusal to complete. | | 19.—For compensation for false imprisonment. | Ditto | When the imprisonment ends. | | 20.—By executors, administrators or representatives under Act No. XII of 1855 (to enable executors, administrators or representatives to sue and be sued for certain wrongs). | Ditto | The date of the death of the person wronged. | | 21.—By executors, administrators or representatives under Act No. XIII of 1855 (to provide compensation to families for loss occasioned by the death of a person caused by actionable wrong). | Ditto | The date of the death of the person killed. | 1877.] Limitation. 637 THE SECOND SCHEDULE—continued. FIRST DIVISION: Suits—continued. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 22.—For compensation for any other injury to the person. | Part IV.—One year,—contd. One year | When the injury is committed. | | 23.—For compensation for a malicious prosecution. | Ditto | When the plaintiff is acquitted, or the prosecution is otherwise terminated. | | 24.—For compensation for libel | Ditto | When the libel is published. | | 25.—For compensation for slander. | Ditto | When the words are spoken, or, if the words are not actionable in themselves, when the special damage complained of results. | | 26.—For compensation for loss of service occasioned by the seduction of the plaintiff's servant or daughter. | Ditto | When the loss occurs. | | 27.—For compensation for inducing a person to break a contract with the plaintiff. | Ditto | The date of the breach. | | 28.—For compensation for an illegal, irregular or excessive distress. | Ditto | The date of the distress. | | 29.—For compensation for wrongful seizure of moveable property under legal process. | Ditto | The date of the seizure. | Limitation.