THE PUNJAB LIMITATION (CUSTOM) ACT, 1920

1920 : Pb. Act I.] trmrrarion (custom) 599 THE PUNJAB LIMITTATION (CUSTOM) ACT, 1920 CONTENTS. SECTIONS. G1 b & OO bh o BH Short title and extent. Repeal. Definitions. Savings. : Dismissal of suits of the description specified in the 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 Apri pril, 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. Yi i 7 ear No. Short title whether repealed or otherwise affected by legislation 1920 : I The Puntab Lim'tation| Amended by the Indian Inde- (Custom) Act, 1920 pendence (Adaptation of Bengal and Punjab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 law governing the limitation of suits relating to alienations of ancestral immoveable property and appointments of heirs by persons who follow custom in *[Punjab]; And whereas the previous sanction of the Governor- General has been accorded under section 79(2) of the Government of India Act, 1915, to the passing of this Act; It is hereby enacted as follows :— ae 1. (1) This Act may be called the Punjab Limitation (Custom) Act, 1920.0 a aan, ins iFor Statement of Objects and Reasons, see Punja azette, ¢ Part v aes 383—87, ond for Select Committee's report, see ibid, 1920, Part V, pages 5—7 and for Proceedings 1n Council, see ibid, 1919, Part V, pages 495—28 ; and ibid, 1920, Part V, peges 119—25 2See Punjab Gazette, 1920, Part V, pages 253—55. | Punjab Government 3For Statement of Objects and Reasons, see e 2010. Gazette (Extraordinary), 1960, pag ‘ . . “aSubstituted for the words “Eest Punjab” (which had. been insert- ed for the word “Punjab” by_the Indian - Independence (Adaptation of Bengal and Punjab Acts) Order, 1948) by the Adaptation of Lews (Third Amendment) Order, 1951. Short title and extent. oN 602 LIMITATION (CUSTOM) [1920 : Ph. Act ] (2) It extends "|Union Territory of Chandigarh), Repeal, 2. The Punjab Limitation (Ancestral Land Aliena. i Punjay tion) Act, 1900, is hereby repealed. 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 suits of the des- criptions speci. 0 20 (inclusive), of the Indian Limitation Act, 1908, fied in the act and notwithstanding anything to the contrary contain- coat — ed in the first schedule of the said Act, every suit, of mitation herein ANY description specified in the schedule annexed to prescribed has this Act, instituted after the period of limitation pres- expired, cribed therefor in the schedule shall be dismissed, 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. Limitation on 7, Subject to the provisions of section 6— suits for posses- a" . ‘al =im- sion where no de- (a) No suit for the possession of ancest1 . - claratory decree d that an hast been: chiar moveable property on the groun 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 jects (Chendigarh) (Adaptation of Lews on State and Concurrent Subject 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 SCHEDULE LIMITATION (CUSTOM) [1920 : Ph, Agy I oes Description of suit 1. A suit for a declaration that an alienation of ancestral immoveable property will not, according to custom, be binding on the plaintiff after the death of the alienor (if the alienor is a female) afte: her death or forfeiture of her interest in the property 2. A suit for Possession of an- ceéstral immoveable pro- Perty w ich has been alie- nated on the ground that the alienation is not bind. Ingon the plaintiff accord- Ing to custom — (a) if no declaratory decree of the nature referred ‘o in article 4 jg obtained (b) if decree js obtained such declaratory Period ol . limitation 6 years 6 years 3 years Time from which Pertod begins to run Firstly.—If the alienation is by Aregisterd deed, (he date of registration of sueh (leed, Secondly.—If the alienation is not by a registered deed— (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. As above 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 _ | 3. A suit fi 1 | | a 3, A suit fora eclaration that | & years .. | Vhe date on which the alleged 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