Exclusion in favour of Reversioner of Servient Tenement – Section 26 | Limitation Act

Section 26 of the Limitation Act, 1963 provides that:

As per Section 26 of the Limitation Act, 1963, where any land or water upon, over or from, which any easement has been enjoyed or derived has been held under or by virtue of any interest for life or in terms of years exceeding three years from the granting thereof, the time of the enjoyment of such easement during the continuance of such interest or term shall be excluded in the computation of the period of twenty years in case the claim is, within three years next after the determination of such interests or term, resisted by the person entitled on such determination to the said land or water.

According to Section 26 of the Limitation Act, the time during which an infant, an insane person or a married woman is the owner of the servient tenement is excluded from the period during which a prescriptive right is in course of acquisition.

The following illustration is appended to Section 27 of the previous Act (of 1908) which corresponds to the Section 26 of the present Act (of 1963).

A sues for a declaration that he is entitled to a right of way over B’s land. A proves that he had enjoyed the right for twenty-five years; but В shows that during ten of these years C. a Hindu widow, had a life interest in the land, and on C’s death В came entitled to the land, and that within two years after C’s death he contested A’s claim to the right. The suit must be dismissed, as A, with reference to the provisions of this section, has only proved enjoyed for fifteen years.