Where section 15 of the Indian Easements Act, 1882 applies, what period of qualifying enjoyment is…
Section 15 substitutes thirty years for twenty years where the property belongs to the Government. Enjoyment must meet the statutory conditions, including peaceful and open…
Choose your answer
Where section 15 of the Indian Easements Act, 1882 applies, what period of qualifying enjoyment is required to acquire an easement by prescription over Government property?
Answer and explanation
Correct answer C
Section 15 substitutes thirty years for twenty years where the property belongs to the Government. Enjoyment must meet the statutory conditions, including peaceful and open enjoyment as of right without interruption. The statutory period must end within two years before the suit in which the claim is contested.
Option feedback
Option A
Twelve years is not the prescriptive-easement threshold over Government property.
Option B
Twenty years is the ordinary statutory period before the special rule for Government property is applied.
Option C
The special Government-property rule substitutes thirty years for the ordinary twenty-year period.
Option D
The statute reduced the former sixty-year Government-property period to thirty years with effect from 1 January 1964.
Option E
The choice “30 years” answers the question under the stated premise.
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Punjab Judicial Services