theoryofabrogation

Section 27 of the Limitation Act, 1963: Extinguishment of Right to Property

Section 27 states that after the expiration of the limitation period for instituting a suit for the possession of property, the plaintiff’s right to the property is extinguished.


Key Points:

1. Extinguishment of Right:

  • If the limitation period to file a suit for possession of property expires, the right to claim possession is permanently extinguished.
  • This means the party can no longer pursue legal remedies for reclaiming the property.

2. Applicability:

  • The provision applies to all cases where a suit for possession of property is not filed within the prescribed limitation period.
  • The defendant gains the legal right to retain possession of the property.

3. Impact of Expiry:

  • The expiration of the limitation period not only bars the remedy but also terminates the substantive right of the plaintiff to the property.
  • This provision reinforces the principle of finality in legal disputes.

4. Purpose:

  • Section 27 aims to ensure legal certainty and stability in property ownership by encouraging parties to act within the prescribed time.
  • It prevents prolonged disputes and ensures that property claims are resolved efficiently.

5. Illustration:

  • If A fails to file a suit for possession of property within the prescribed 12 years, their right to the property is extinguished, and the property remains with the current possessor.
Limitation Act

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