Section 26 of LA : Section 26: Exclusion In Favour Of Reversioner Of Servient Tenement

Explanation using Example

Imagine a scenario where Mr. Sharma has been using a pathway over Mr. Gupta's property, with Mr. Gupta's permission, for the past 15 years because Mr. Sharma has a lease on an adjacent property for a term of 18 years. This pathway is an easement—a right to cross or otherwise use someone else's land for a specified purpose. When Mr. Sharma's lease expires, he attempts to claim a permanent right to the pathway, arguing that he has used it for over 20 years. However, under Section 26 of The Limitation Act, 1963, the years during which Mr. Sharma had a lease (an interest exceeding three years) are not counted in the 20-year period. If Mr. Gupta challenges Mr. Sharma's claim within three years after the lease ends, the time Mr. Sharma used the pathway during the lease cannot be included in the calculation of the 20-year period required to establish a permanent easement.