The PUNJAB LIMITATION (CUSTOM) ACT, 1920

1920 : Pb. Act I.] trmrrarion (custom) 599 THE PUNJAB LIMITTATION (CUSTOM) ACT, 1920 CONTENTS. SECTIONS. HB Short title and extent. Repeal. ohb Definitions. O O Savings. : & b Dismissal of suits of the description specified in the 1 G Act if instituted after the period of limitation therein prescribed has expired. Provision for suits for which the period prescribed is shorter than that prescribed by the Indian Limitation Act or the Punjab Limitation Act. Limitation on suits for possession where no declaratory decree has been obtained. Benefit of declaratory decree. Schedule. 1920 : Pb. Act I] rumrrarion (custom) 601 THE PUNJAB LIMITATION (CUSTOM) ACT, 1920. Punjab Act I of 1920. (Received the assent of the Lieutenant-Governor of the - Punjab on the 5th Apprrii l, 1920, and that oo otal on the 2nd May, 1920, and a fa published in the Punjab Gazette of the 28th May, 1920.] + £ |] 2 3 4. Yie ar No. Short tii tle whether re pealed or otherwise 7 affected by legislation 1920 : I The Puntab Lim 'tation| Amended by the Indian Inde- (Custom) Act, 1920 pendence (Adaptation of Bengal and Punjab Acts) Order of 1948 (G. G. O. 40) Amended by the Adaptatio of Laws (Third Amendment) Order of 1951 , Extended to the territories, which immediately before the Ist Nov- ember, 1956, were comprised in the State of Patiala and East Punjab States Union, by Punjab Act 43 of 1960°. Amended by the Punjab Reorga- nisation (Chandigarh) (Adaptation of Laws on States and Concurrent Subjects) Order, 1968- An Act to amend and consolidate the law governing the limitation of suits relating to alienations of ancestral immovable property and appointments of heirs by persons who follow custom in ‘[Punjab]. Whereas it is expedient to amend and consolidate the G h l o G f e a o e i w n v r a e s e n r g r A c a o n e n b l v s d y m e t e r r n a h n p w a l t i e s h n r e s g r i o o b e f m n e a s m t e s h I o n e n v d w e i t h l a a a h i o c e b m c l i A o t e c p f r a t r o d t , e l e i v l o d i o n p 1 w o r 9 u 1 o u s 5 o p n f c , e d u r e s s s t u t r a t o y i n o t c s m t t h a i s e n o r e i d e n n c l t p a i a t * o o s i f [ n a s n P i p g u t n p n h g 7 o j e 9 t i a o ( n b o 2 t ] f ) a G ; m l o e i t v h n e o i e n t f s r a s t n i A o o c t r ae t n h - o ; s e f 1 I . t is (1 h ) e re T b h y i s e A n c a t c te m d a y as be f o c l a l l o l w e s d : th — e P a unj ab aa Li n m , i tat i i n o s n ex S t ho e r n t t . title and P V B P ( G e , a a e d a r C r n z t t u g e p “ f t a a a s 2 o i 3 t l g S v r S F V F t e e u , e o o s o e b r r t a s m a h p t n ( e e ) a P 4 i d S E g t u s 9 t x S e u n 5 w a t t s t j P o — a r t e A a u t r 2 a e d c b e n 3 d 8 o m 5 t m 8 j r e — e , 3 a d n 7 n — f b G i t t “ ; 8 o a n P r 7 z a 1 u a , a e r A n n n o o t 9 t f y c f d d j t h t ) e a e 2 s o , , b O O ) n i 0 f ” b b d b o w j j i r . 1 o e d 1 e 9 O , r 9 c c f 0 2 b 6 r d t P o t 0 y 0 d r , s s s r , _ e 1 o t r 9 c 2 h S , P p a 0 e “ e e a a , a n l E e r n g d e e t d d 1 c s i I 9 P t t e n n 4 a V R g 8 d R r , e 2 ) i s e t C P 0 a a a o 1 u n s s p 0 m o n o a . V b m 1 n j , g n n y i - s e a s ‘ I t , s , b t n C p ” e d o e e u t e g 2 s ' h s n e p e 5 e e s c e s e e ( 3 i n w — l h d 5 , P 1 i 5 e A r u c 1 . . P e n d u n h p 9 s c a n o j e — j e p r e a a 2 | t t b h 5 a , a i t d b ( . i i A s o d e d , n G e a b a z e o p e e t v 1 t i n 9 o a t b e f 1 e i t r 9 , d i , , n o i . m n n L s e P 1 e e a 9 n r w 2 r t t 0 t s o - ¢ , f (Third Amendment) Order, 1951. oN 602 LIMITATION (CUSTOM) [1920 : Ph. Act] (2) It extends "|Union Territory of Chandigarh), Repeal, 2. The Punjab Limitation (Ancestral Land Aliena. tion) Act, 1900, ii s hereby repealed. Punjay Act I Definitions. 3. In this Act— “Alienation” includes any testamentary disposition of property. “Appointment of an heir” includes any adoption’ made or purporting to be made according to custom. Savings, 4. This Act shall not effect any suit pending in am court on the date on which this Act comes into force, Dismissal _ of 5. Subject to the provisions contained in section 4 scuriitpst ioonfs the dsepesc-i. 0 20 (inclusive), of the Indian Limitation Act, 1908, fi c ed o at in the a — ct a ed n d in no t t he w it f h ir s s t t an s d c i h n e g d ule a ny o t f h i t n he g s t a o id the Ac c t o , nt e r v a e r r y y co s n u t it a , i n- of mitation herein ANY description specified in the schedule annexed to p e r xp e i s r c e r d i , b ed has t c h r i i s b ed Ac t, t he i r n e s f t o i r t ut i e n d a t f h t e e r t s h c e h ed p u e l r e i od s o h f a ll l im b i e t at d i i o s n m iss pr e e d s , - although limitation has not been set up as a defence. ame hen 6. Notwithstanding anything herein contained, the period pres- ANY suit for which the period of limitation prescribed ended is shorter by this Act is shorter than the period of limitation Soda is ‘Ws prescribed by the Indian Limitation Act, 1908, or by Indian Limita, the Punjab Limitation (Ancestral. Land Alienation) a Timi “Ct, 1900, may be instituted within the period of one bon dnd: =" year next after the commencement of this Act or within the period prescribed for such suit by the Indian Limitation Act, 1908, or by the Punjab Limita- tion (Ancestral Land Alienation) Act, 1900, which ever period expires first. sui L t i s m it fo a r t ion p osses on - 7, Subject to the provisions of section 6— sion where no de- (a) No suit fa" or the possessi.o n of ancest1 ‘.al - =im- c h l as a t r at b o e r e y n : cd hec ir ae re moveable property on the groun d that an ed. alienation of such property or the apne ment of an heir is not binding on the - ———_—_——_ 1Substituted for the word “Punjab” by the Punjeb Reorganisation (Chendigarh) (Adaptation of Lews on State and Concurrent Subjejcectt s 2 Order, 1968. ae > _ 1920 : Pb. Act L.| Limrrarion (custom) 603 plaintiff according to custom shall lie if a suit for a declaration that the alienation or appointment of an heir is not so binding would be time-barred, unless a suit for such a declaration has been instituted within the period prescribed by the schedule. (b) No suit for the possession of ancestral im- moveable property by a plaintiff on the ground that he is as heir appointed in accordance with custom entitled thereto shall lie if a suit for a declaration that his alleged appointment as heir was validly made according to custom would be time- barred, unless a suit for such a declaration has been instituted within the period prescribed by the schedule. 8. When any person obtains a decree declaring that an alienation of ancestral immovable property or the appointment of an heir is not binding on him according to custom, the decree shall ensure for the benefit of all persons entitled to impeach the aliena- tion or the appointment of an heir. 604 LIMITATION (CUSTOM) [1920 : Ph, Agy I SCHEDULE oes Period Description of suit limit ol a ti . on Time from which Pertod begins to run 1. A suit for a declaration that 6 years Firstly.—If the alienation is by a i n n o m t m , o a v l e a i a c en c b a o l t r e i d o i n n g p r o o f t p o e r a t n c y c u e s s t t o r w m a il l , l A re r g e i g s i t s r t a e t r i d o n d o e f e d, s ueh (he ( lee d d a , te of be binding on the plaintiff after the death of the Secondly.—If the alienation is alienor (if the alienor is a not by a registered deed— female) afte: her death or forfeiture of her interest in the property (a) if an entry regarding the alienation in the Register of Mutations has been altested by a Revenue Officer under the Punjab Land Revenue Act, 1887, the date on which the - entry is attested : (8) if such entry has Not been attested, the date on Which the alienee takes Physical possession of the whole or any Part of the Property alienated in Pursuance of such aliena- tion ; (c) in all other cases, the date on which the aliena- tion comes to the know- ledge of the plaintiff. 2. A suit for Possession of an- ceéstral immoveable pro- Perty w ich has been alie- n th a e t ed a li o e n n atio t n he is g r n o o u t n d bi t n h d a . t Ingon the plaintiff accord- Ing to custom— (a) if no declaratory decree o ‘o f the in nat a u r r t e ic le refer 4 red j g 6 years As above obtained (b) if such declaratory decree js obtained 3 years The date on which the right to sue accrues or the date on which the declaratory decree is obtained, whichever is later. 1920 : Pb. Act I.) uimiration (cusTOM ) 605 \ bees Period | Time from whieh period limitation _ | 33,. A A ssuuiti tf i fora 1 eclaration that | | & years .. | | Vhe date on which the alaleg ed a yo aed appointment of appointment of an hier 8 invalid as beinig becomes known to the plain- opposed to custom or jn tiff. fact Never took place 4. Asuil for possession of an- cestral immovable property onthe ground that an ap- pointment of an heir is in- valid or never in fact took place— (2) if no declaratory deeree | 6 years .. | The date on which the alleged of the nature referred to appointment of an heir IN article 3 is obtained; comes known to the plaintiff. (b) if such declaratory deeree | 3 years .. | The date on which the right to is obtained Sue accrues, or the date on which the declaratory decree” is obtained, whichever is later, 5. A suit for a declaration that | 6 years .. | The date when the right of the an alleged appointment of alleged appointed heir are an heir was validly made interfered with. according to cutom 6. A suitfor possesrion of an- ces'ra] immoveabie property by plaintiff on the ground that he is an heir appoint in accordance with custom entitled thereto— (a) if no declaratory decrce | 5 years .. | The date when his rights as of the nature referred to such heir are interfered with. in article 5 is obtained ; , (b) if such declaratory | 8 years .. | The date ofthe death of the decree is obtained person making the appoint- ment or if(such person is a female) of her death or of the forfeiture of her interest ip the property or the date on which the declaratory decree is obtained whichever is later. ares