Limitation Act MCQ question and answer

61

What is not true about the Limitation Act?

A) Limitation extinguishes the right B) Limitation prescribes period within which suits are to be filed C) Limitation provides for condonation for delay D) Limitation extinguishes the remedy

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Answer & Solution

Answer: Option A

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62

Under Section 19 of Limitation Act, the part payment of debt or interest has to be

A) Within the period of limitation under the Act B) Within the period prescribed for repayment C) Within the period of limitation prescribed under any other enactment D) All of the above

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Answer & Solution

Answer: Option B

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63

In which of the following cases, the nature, scope and object of acknowledgement within the meaning of Section 18 of the Limitation Act, 1963 was relevant before the Apex Court:

A) Shapur Fredoom Mazda v. Durga Prasad Chamaria, AIR 1961 SC 1236 B) Prabhakaranv. M. Azhagiri Pillai, AIR 2006 SC 1567 C) J. C. Budhiaja v. Chairman, Orissa Mining Corporation Ltd., AIR 2008 SC 1363 D) All the above

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Answer & Solution

Answer: Option D

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64

Is it correct that a fresh period of limitation commences from the payment made on account of debt after the expiry of period of limitation?

A) No. The fresh period of limitation will only commence if the payment is made before the expiry of period of limitation but provided that the acknowledgement of payment only appears in a registered document B) No. The fresh period of limitation will only commence if the payment is made before the expiry of period of limitation and provided acknowledgement of payment appears in handwriting of or in writing signed by the person making the payment C) Yes. If the payment after expiry of limitation period is on account of debt and is accompanied by a court order condoning delay in making of payment after the expiry of period of limitation D) None of the above

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Answer & Solution

Answer: Option B

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65

Whether a court can grant extension of period of limitation under section 5 of the limitation act, 1963 on the ground of sufficient cause in case of an application under order 21 of the civil procedure code?

A) No B) Yes C) With the permission of High Court D) With the consent of both the parties

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Answer & Solution

Answer: Option A

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66

Under Limitation Act, 1963, the period of limitation for a suit by landlord to recover possession from a tenant after determination of tenancy is

A) Thirty years B) Twelve years C) Three years D) One year

Discuss

Answer & Solution

Answer: Option C

Solution:

The Limitation Act, 1963 provides different limitation periods for various types of legal suits.

In the case of a landlord filing a suit to recover possession of property from a tenant after the tenancy has been determined, Article 67 of the Schedule applies.

According to Article 67, the limitation period is three years from the date of the determination of the tenancy.

This means that once the tenancy ends—either through notice, expiry of the term, or legal termination—the landlord has a maximum of three years to initiate legal action to regain possession.

The twelve-year period mentioned under other articles applies to adverse possession or recovery from unlawful occupiers, not tenants.

Therefore, the correct answer is three years, and Option C is legally accurate.

67

Provision for condonation of delay, on the ground of sufficient cause is dealt with under-

A) Section 5 of the Limitation Act, 1963 B) Section 8 of the Limitation Act, 1963 C) Section 12 of the Limitation Act, 1963 D) Section 18 of the Limitation Act, 1963

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Answer & Solution

Answer: Option A

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68

Limitation Act - Suit filed by plaintiff based on agreement to sell, which was executed on 3^rd September, 2001 with a stipulation that sale deed will be executed within six months. Stay order passed in another appeal by which the owner was restrained from alienating the property w.e.f. 3^rd March, 2003 to 28^th September, 2006 for the purpose of the calculation of the period of limitation -

A) Period of three years would start from 3^rd March, 2002 i.e. after lapse for six months because there was no stay against the plaintiff for filing a suit claiming specific performance B) Period of stay w.e.f. 3^rd March, 2003 to 28^th September, 2006 could be excluded with the help of section 15 of Limitation Act C) Period of three years will start after 28^th September, 2006 D) Period of three years will start from 3^rd September, 2001 Suit can not be filed after 3^th September, 2004

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Answer & Solution

Answer: Option A

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69

Limitation Act:- Limitation to obtain a declaration of title of immovable property-

A) Two years, when the right to sue first accrues B) Three years, when the right to sue first accrues C) One years, when the right to sue first accrues D) Twelve years, when the right to sue first accrues

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Answer & Solution

Answer: Option B

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70

The general rule is that "The law of limitation only bars the remedy but does not extinguish the right itself". The exception to this rule is contained in:

A) Section 31 of the Limitation Act, 1963 B) Section 27 of the Limitation Act, 1963 C) Section 26 of the Limitation Act, 1963 D) Section 25 of the Limitation Act, 1963

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Answer & Solution

Answer: Option B

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Limitation Act MCQ question and answer | Law MCQ question