Section 22 OF limitation ACT, 1963
Continuing breaches and torts
In the case of a continuing breach of contract or in the case of a continuing tort, a fresh period of limitation beings to run at every moment of the time during the breach or the tort, as the case may be, continues.
Section 22 of the Limitation Act, 1963, deals with the “Continuing breaches and torts.” The section provides that in case of a continuing breach of contract or other wrongful act, a fresh period of limitation begins to run at every moment of the time during which the breach or the wrongful act continues.
In simpler terms, if a person commits a wrongful act that results in a continuing injury or damage, the limitation period for filing a suit for compensation will start from the date of each such continuing act. For example, if a landlord wrongfully evicts a tenant, and the tenant continues to be deprived of his right to occupy the property, then the tenant can file a suit for damages within the limitation period that starts from the date of each such wrongful act.
The section also provides that if a person is entitled to a recurring right, such as rent, or interest on money, and the right is denied, the limitation period for filing a suit for recovery of the right begins to run from the date when the denial of the right takes place.
It is important to note that the period of limitation for filing a suit for a continuing breach or tort does not start from the date when the breach or tort first occurred, but from the date of each continuing act. This means that the plaintiff can file a suit for each act of breach or tort, even if the earlier acts are time-barred.
In conclusion, Section 22 of the Limitation Act, 1963, recognizes the concept of continuing breaches and torts and provides that a fresh period of limitation begins to run at every moment of the time during which the breach or the wrongful act continues. This section ensures that the right to seek relief for continuing breaches and torts is not extinguished by the expiry of the limitation period for the earlier acts.