Question

Under Order VI, Rule 17 of the Code of Civil Procedure, 1908, when must a suit for possession of immovable property be filed?

A Within 1 year from the date of dispossession Correct Answer Incorrect Answer
B Within 3 years from the date of dispossession (12-year limitation for suit for specific performance) Correct Answer Incorrect Answer
C Anytime with no period limitation Correct Answer Incorrect Answer
D Within 30 days from knowledge of dispossession Correct Answer Incorrect Answer
E Within 6 months from the date of cause of action Correct Answer Incorrect Answer

Solution

The Limitation Act, 1963, Article 65 prescribes different periods for suits concerning immovable property. A suit for possession of immovable property must be filed within 12 years from the date when the right to possession accrued. However, for suits to recover possession based on dispossession (injunction against dispossession), the period is 3 years from dispossession. Under the CPC, Order VI Rule 17 requires necessary parties to a suit for possession to be made parties. Time-barred suits cannot be entertained by courts, as the statute of limitations is a complete bar to remedy, not merely a defense. The distinction between suits based on title and suits based on recent possession is crucial in property disputes.

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