Section 26: Exclusion in favour of reversioner of servient tenement

Limitation Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1963

Legal Commentary & Landmark Judgments: Section 26

Section 26 of the Limitation Act, 1963 protects reversioners of servient tenements, providing that where an easement is claimed over land held under a life interest or lease exceeding three years, the time of such tenancy is excluded if resisted within three years of determination.

  • Reversioner Protection: Where any land or water upon, over, or from which any easement has been enjoyed has been held under or by virtue of any interest for life or in terms of years exceeding three years from the granting thereof.
  • Exclusion of Tenancy Period: The time of enjoyment of such easement during such term shall be excluded in computing the twenty-year prescription period under Section 25.
  • Claim Resisted Within Three Years: Provided the claim is resisted by the reversioner within three years next after the determination of the life estate or lease.
  • Preserving Landlord & Remainderman Title: Prevents tenants from collusively allowing third parties to acquire prescriptive easements against the landlord's reversionary estate.
Key Landmark Precedents:
  • Chapsibhai Dhanjibhai Danad v. Purushottam, (1971) 2 SCC 205: The Supreme Court analyzed the acquisition of prescriptive easements, holding that Section 26 protects reversioners from prescriptive encumbrances created during long leases without their knowledge.
  • Krishna Narain Agrawal v. Carlton Hotel (P) Ltd., 1969 SCD 1105: Discussed the statutory conditions required for excluding tenancy periods in prescriptive easement disputes.
Courtroom Practice & Strategic Litigation Guidance:

When a tenant vacates after a long lease and a neighbor claims a prescriptive right of way acquired during the tenancy, the landlord must immediately resist the claim and file a declaratory suit within three years under Section 26.