The Limitation Act,1963- Section 19

EFFECT OF PAYMENT ON ACCOUNT OF DEBT OR OF INTEREST ON LEGACY—Section 19– Part-Payment means—Making or discharging a part of the liability. Either to the Principal amount or interest.

Payment civil law

Where installment by virtue of an obligation or of enthusiasm on a heritage is made before the lapse of the endorsed period by the individual subject to pay the obligation or, then again inheritance or by his specialist appropriately Authorized for this benefit.

THE LIMITATION ACT,1963

CONDITIONS OR INGREDIENTS OR PRINCIPLES—
1.It may be in writing or signed;
2.Before the Limitation period the part-payment should be made;
3.It applies only in case of money-transaction, acknowledgement is in a wider-place.

ESSENTIAL ELEMENTS OF SECTION 19—
1.Even a payment of One –Rupee is also a part-payment. Some amount should be paid but before the limitation period lapses, including Interest.
2.Section.19 applies only to a suit for a debt both secured and unsecured or legacy or to the case of a mortgage with possession. It does-not apply to a suit for redemption of a mortgage.
3.The proviso to this section 19, does not apply where the mortgaged lands is in possession of the mortgagee;
4.Payment by a cheque also amounts to an acknowledgement;
5.If the cheque is dis-honoured, it is no payment and hence, no acknowledgement.
6.The payment may be towards the part-payment of the debt or towards the interest.

A new time of constraint might be processed from the time when installment was made

Procurement of easement (S.25)

(1) Where the entrance and utilization of light or air to and for any building have been quiet delighted in there with as an easement, and starting at ideal, without intrusion what’s more, for a long time, and where any way or waterway or the utilization of any water or some other easement (regardless of whether certifiable or negative) has been quietly and straightforwardly delighted in by any individual guaranteeing title thereto as an easement and starting at appropriate without interference and for a long time, the privilege to such access and utilization of light or air, way, waterway, utilization of other easement might be supreme and indefeasible.

(2) Each of the said times of twenty years might be taken to be a period finishing inside two years next before the organization of the suit wherein claim to which such period relates is challenged.

(3) Where property over which a privilege is guaranteed under sub-area (1) has a place with the Government that sub-area should be perused as though for the words “twenty years” the words “thirty years” were substituted.

•Explanation – Nothing is an interference inside the significance of the area, unless where there is a genuine discontinuance of the ownership or pleasure by reason of an obstacle by the demonstration of some individual other than the inquirer and unless such block is submitted to or assented in for one year after the petitioner has take note thereof and of the individual making or approving the same to be made.

 

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