I want legal advice in writing to differentiate between two judgements given by JK High Court on similar issues. One more appeal was dismissed by Jk High court and upheld the decision of lower court but the respondents didn’t apply for getting possession of land for which resumption under 7(2) was granted to them in 2004. Is it possible to take possession of land after fifteen years? The judgement was challenged in an appeal before four forums and lastly upheld by JK High court in 2007. Please advise whether this is covered by limitation Act as they now applied with Tehsildar to provide them possession of said land so resumed by them in 2004.
The final judgement was passed in 2007 by the Jammu & Kashmir High Court. According to Article 65 of the Limitation Act the period of limitation for regain possession of the immovable property is twelve years. It is generally not possible to take possession of land after fifteen years.
The application filed before the Tehsildar is barred by the limitation. But if he has sufficient reasons to not file that application within time then he is entitled to get the benefits of Section 5 of the Limitation Act. The court has the power to condone the delay. If Tehsildar satisfies that there is a good reason for filing that delayed application he can condone the period of limitation and admit the case. Thereafter, he can recover the possession.
