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What is Suits for compensation for acts not actionable without special damage? What is Computation of time mentioned in instrument? What is Acquisition of easement by prescription? Section 23,24 and 25 of Limitation Act 1963

Suits for compensation for acts not actionable without special damage, Computation of time mentioned in instrument and Acquisition of easement by prescription are defined under section 23, 24 and 25 of Limitation Act 1963. Provisions under these sections are:

 

Section 23 of Limitation Act "Suits for compensation for acts not actionable without special damage"

In the case of suit for compensation for an act which does not give rise to a cause of action unless some specific injury actually results there from, the period of limitation shall be computed from the time when the injury results.

 

 

Section 24 of Limitation Act "Computation of time mentioned in instrument"

All instruments shall for purposes of this Act, be deemed to be made with reference to the Gregorian calendar.

 

Section 25 of Limitation Act "Acquisition of easement by prescription"

(1) Where the access and use of light or air to and for any building have been peaceable enjoyed there with as an easement, and as of right, without interruption and for twenty years, and where any way or watercourse or the use of any water or any other easement (whether affirmative or negative) has been peaceably and openly enjoyed by any person claiming title thereto as an easement and as of right without interruption and for twenty years, the right to such access and use of light or air, way, watercourse, use of other easement shall be absolute and indefeasible.

(2) Each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein claim to which such period relates is contested.

(3) Where property over which a right is claimed under sub-section (1) belongs to the Government that sub-section shall be read as if for the words "twenty years" the words "thirty years" were substituted.

Explanation - Nothing is an interruption within the meaning of the section, unless where there is an actual discontinuance of the possession or enjoyment by reason of an obstruction by the act of some person other than the claimant and unless such obstruction is submitted to or acquiesced in for one year after the claimant has notice thereof and of the person making or authorizing the same to be made.

 

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