Starting Point Of Limitation Will Be The Date On which Notice is served to the person to whom notice is addressed
Now coming back to the facts of the case, there is a statement on oath in paragraph no.6 of the petition that
the notice under Section 23(1) which is under challenge was served to the
petitioner's tenant on 22nd April, 2012 and the same was received by him on 23rd
April, 2012. The notice states that seven days time is given to the petitioner to
remove the alleged encroachment on his own. Thus, in the present case the time
granted to remove the encroachment is of seven days. It is obvious that the said
period of seven days will have to be reckoned from the date on which notice under Section 23(1) is served upon the person who is called upon to remove the
encroachment. Even Section 24 does not provide that the date of issue of notice
will be the starting point of limitation. Thus, for the purposes of computing
limitation under Section 24 of the said Act, the starting point of the limitation will be
the notice under Section 23(1) which is under challenge was served to the
petitioner's tenant on 22nd April, 2012 and the same was received by him on 23rd
April, 2012. The notice states that seven days time is given to the petitioner to
remove the alleged encroachment on his own. Thus, in the present case the time
granted to remove the encroachment is of seven days. It is obvious that the said
period of seven days will have to be reckoned from the date on which notice under Section 23(1) is served upon the person who is called upon to remove the
encroachment. Even Section 24 does not provide that the date of issue of notice
will be the starting point of limitation. Thus, for the purposes of computing
limitation under Section 24 of the said Act, the starting point of the limitation will be
