1. The law of limitation does not extinguish the right of a party but only prescribes a statutory period after which the remedy to enforce the right is barred. Explain proposition with reference to the law relating to adverse possession .

Ans: Limitation law prescribes time period within which legal remedies shall be agitated before the court of law. The fact that the parties cannot, by consent or agreement, can’t extend or alter the period of limitation, underlies the importance of limitation law. Such an agreement comes u/s 23 of the contract Act and it is void. Thus the law of limitation does not extinguish the right of a party but only prescribes a statutory period after which the remedy to enforce the right is barred. In other words, if a person under legal obligation discharges the same after the expiry of time limitation and same is received by person who is under due, such acceptance is legal. Thus law of limitation rests on the principle “Law of limitation bars claim but doesn’t extinguish right”. However, adverse possession and easement by prescription are exceptions to this rule.

Adverse possession: Adverse possession really means a hostile posssession which is expressely or implidely in denial of the title of the true owner.  Apart from that such denial of title and possession shall be in continuity, adequate publicity, peaceful and undistrubed possession for the period of twelve years.

Example: If Aneel adversely, continuously and openly is in hostile possession of land belonging to Bhima for an unbroken period of 12 years or more by, then claim the title to the land by adverse possession.

2. Write a note on Acknowledgement and Part payment?

Ans: Acknowledgement by person under liability; Acknowledgement by person under liability means an admission of the truth of one‘s own liability. If before the expiry of time for any application or suit in respect of any property, the acknowledgement of liability in respect of such property or right is made in writing signed by the party against whom such property or right is claimed a fresh period of limitation is computed from the time when the acknowledgement was so signed (S.18)

Part Payment by person under liability: If there is a part payment of debt or of interest on a legacy before the expiry of limitation period fresh period of limitation shall be computed from the time when the payment was made. Further, person making part payment should indorse the same and should sign (S.19).