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Section 15

Right of action not to accrue or continue unless there is adverse possession

of Limitation Act 1953

ActIn forceProvision 16 of 38
Section 15
(1)

No right of action to recover land shall be deemed to accrue unless the land is in the possession of some person in whose favour the period of limitation can run (hereafter in this section referred to as

“adverse possession”) and where under the foregoing provisions of this

Act any such right of action is deemed to accrue on a certain date and no person is in adverse possession on that date, the right of action shall not be deemed to accrue unless and until adverse possession is taken of the land.

20 Laws of Malaysia ACT 254

(2)

Where a right of action to recover land has accrued and thereafter, before the right is barred, the land ceases to be in adverse possession, the right of action shall no longer be deemed to have accrued and no fresh right of action shall be deemed to accrue unless and until the land is again taken into adverse possession.

(3)

For the purposes of this section—

(a)

possession of any land subject to a rent charge by a person

(other than the person entitled to the rent charge) who does not pay the rent shall be deemed to be adverse possession of the rent charge; and

(b)

receipt of rent under a lease by a person wrongfully claiming, in accordance with subsection 13(4) of this Act, the land in reversion shall be deemed to be adverse possession of the land.