Lim 61 — By a mortgagor

Limitation Act, 1963

Statutory text

61. By a mortgagor—

(a)to redeem or recover
possession of immovable
property mortgaged;
Thirty years.
When  the  right  to  redeem  or  to  recover possession accrues.
 (b)to     recover     possession     of
immovable property mortgaged
and  afterwards  transferred  by
the  mortgagee  for  a  valuable
consideration;
Twelve years. When  the transfer  becomes  known  to  the plaintiff.
 (c)  to  recover  surplus  collections
received by the mortgagee after
the mortgage has been satisfied.
Three years. When   the   mortgagor   re-enters   on   the mortgaged property.
62. To    enforce    payment    of    money
secured    by a    mortgage    or
otherwise charged upon immovable property.
Twelve years. When the money sued for becomes due.
63. By a mortgagee—

(a) for foreclosure; Thirty years.
When  the  money  secured  by  the  mortgage becomes due.

(b)  for  possession  of  immovable property mortgaged.
Twelve years.
When  the  mortgagee  becomes  entitled  to possession.

Description of suit Period of limitation Time from which period begins to run
64.
For possession of immovable
property     based     on     previous
possession  and not  on  title, when
the  plaintiff  while  in  possession
of     the     property     has     been dispossessed.
Twelve years. The date of dispossession.

65.
For possession of immovable
property  or  any  interest  therein based on title.
Explanation.—For  the  purposes  of this article—
(a)where    the    suit    is    by    a
remainderman,    a    reversioner
(other   than   a   landlord)   or   a
devisee, the  possession  of  the
defendant  shall  be  deemed  to
become  adverse  only  when  the
estate   of   the   remainderman,
reversioner  or  devisee,  as  the
case     may     be,     falls     into
possession;
(b)  where  the  suit  is  by  a  Hindu
or    Muslim    entitled    to    the
possession of immovable
property   on   the   death   of   a
Hindu  or  Muslim  female,  the
possession   of   the   defendant
shall   be   deemed   to   become
adverse  only  when  the  female
dies;
(c)where    the    suit    is    by    a
purchaser at a sale in execution of a decree when the judgment-
debtor was out of possession at
the    date    of    the    sale,    the
purchaser  shall  be  deemed  to
be    a    representative    of    the judgment-debtor  who  was  out of possession.
Twelve years. When   the   possession   of   the   defendant becomes adverse to the plaintiff.
66.
For possession of immovable
property  when  the  plaintiff  has
become  entitled  to  possession  by
reason of any forfeiture or breach of condition.
Twelve years.
When  the  forfeiture  is  incurred  or  the condition is broken.
67.
By  a  landlord  to  recover  possession from a tenant.
Twelve years. When the tenancy is determined.

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