What is the statutory limitation period for a suit for possession of immovable property under section 6…
Section 6(2)(a) requires a suit under section 6 within six months from dispossession. Section 6(2)(b) bars this summary suit against the Government, and section 6(4)…
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What is the statutory limitation period for a suit for possession of immovable property under section 6 of the Specific Relief Act, 1963?
Answer and explanation
Correct answer A
Section 6(2)(a) requires a suit under section 6 within six months from dispossession. Section 6(2)(b) bars this summary suit against the Government, and section 6(4) preserves a suit to establish title and recover possession. Under the Limitation Act, 1963, Article 64 runs for twelve years from dispossession for a claim based on previous possession. Article 65 generally runs for twelve years from when the defendant's possession becomes adverse to the plaintiff in a title-based claim.
Option feedback
Option A
Section 6(2)(a) bars a suit under section 6 after six months from the date of dispossession.
Option B
Incorrect. One year is not the limitation period under Section 6(2)(a) of the Specific Relief Act, 1963.
Option C
Incorrect. Three years is not the limitation period for a summary suit under Section 6(2)(a) of the Specific Relief Act, 1963.
Option D
The twelve-year periods under Articles 64 and 65 of the Limitation Act, 1963 apply to different claims. A section 6 summary suit has a six-month period.
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