Limitation Act 1963
3 articles
A Right of Way Is Not a Right to Exclude: Bombay High Court on Gated Access Over Government Land
Forty-five years of maintaining a gate at the entrance to a government access road did not give a Mumbai housing society the right to keep it there. The Bombay High Court's order separates a permissive right of way from an allotment of land, and shows why a pending adverse possession suit over one plot does not shield unrelated encroachments on another.
13 min readPurchased Together, Divided in Court: What Bajoria v. Bajoria Says About Limitation in Partition Suits Between Co-Owners
Two brothers who built a business together fell out over who owned what. The Bombay High Court's answer to when their clock started running is a compact lesson in how limitation actually works for co-owned property — and why a plaintiff cannot always choose to drop an inconvenient property from a partition suit.
13 min readMutation Is Not Title: Jamnabai v. Vasudev on Revenue Entries, Relinquishment and the Limits of Second Appeal
A name removed from the revenue record in 1990 did not cost a co-owner his share. This case note works through all four issues the Supreme Court decided in Jamnabai v. Vasudev, from Section 117 of the MP Land Revenue Code to the proviso to Section 34 of the Specific Relief Act.
14 min read