Question

In which of the following cases, the Supreme Court held that a suit for damages for wrongful detention of goods is based on different footing vis-à-vis continuing wrong. The period of limitation would run from time when property is wrongly taken.

In which of the following cases, the Supreme Court held that a suit for damages for wrongful detention of goods is based on different footing vis-à-vis continuing wrong. The period of limitation would run from time when property is wrongly taken.

.

Option A: Sankar Dastidar vs. Banjula Dastidar AIR 2007 SC $14
Option B: Tilak Ram vs. Nathu AIR 1967 SC 935
Option C: Bondar Singh vs. Nihal Singh (2003) 4 SCC 161
Option D: Asian Resorts Ltd. Vs. Usha Bre Co. Ltd. AIR 2002 SC 55

Correct Answer

Option: a

Explanation

A suit for damages, in our opinion, stands on a different footing vis-`- vis a continuous wrong in respect of enjoyment of one’s right in a property. When a right of way is claimed whether public or private over a certain land over which the tort-feasor has no right of possession, the breaches would be continuing one. It is, however, indisputable that unless the wrong is a continuing one, period of limitation does not stop running. Once the period begins to run, it does not stop except where the provisions of Section 22 would apply.

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