Burden of proof and amendment of Limitation Act, 1963 in its application to proceedings under section 23

Civil196097 sections

Statutory text

(1) If in any proceedings under section 23, the validity of the transfer of any holding or any part thereof is called in question, or if such proceedings are for the recovery of possession of such holding or part thereof, the burden of proving that the transfer was valid shall, notwithstanding anything contained in any other law for the time being in force, lie on the transferee.
(2) In the Limitation Act, 1963 in its application to proceedings under section 23, in the Schedule, after the words “Twelve years” occurring in the second column against article 65, the words, brackets and figures “but thirty years in the case of immovable property belonging to a member of a Scheduled Tribe or a Scheduled Caste, specified in relation to the State of Orissa in the Constitution (Scheduled Tribes) Order, 1950 or the Constitution (Scheduled Castes) Order, 1950, as the case may be” shall be inserted.

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