RAVINDER KAUR GREWAL & ORS versus MANJIT KAUR & ORS.

RAVINDER KAUR GREWAL & ORS versus MANJIT KAUR & ORS.

A person who has perfected title by adverse possession is not barred under Article 65 or any provision of the Limitation Act, 1963 from filing a suit for possession or to protect his possession. The statute and Article 65 do not restrict the plea of adverse possession only to the defendant; it may also be taken as a basis for claim by the plaintiff. The previous judgments restricting the right of suit by a plaintiff based on adverse possession are incorrect and overruled.

Parties
Appellant: Ravinder Kaur Grewal & Ors.; Respondent: Manjit Kaur & Ors.
Jurisdiction
India
Judgment Date
07 August 2019
Procedural Posture
Civil Appeal / Preliminary Legal Question Resolved; Matter Remitted for Consideration on Merits
Outcome
Decisions restricting suit by plaintiff based on adverse possession are overruled. Matter remitted for consideration on merits before the appropriate Bench.
Legal Topics
Adverse Possession, Limitation Act Article 65, Possession, Specific Relief Act Section 6
Property Law Limitation Law Civil Procedure Adverse Possession Limitation Act Article 65 Possession Specific Relief Act Section 6

Case Brief

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Parties

Ravinder Kaur Grewal & Ors.

Appellant

Manjit Kaur & Ors.

Respondent

Procedural Posture

Civil Appeal / Preliminary Legal Question Resolved; Matter Remitted for Consideration on Merits

Legal Issues

  1. 1 Whether a person claiming title by virtue of adverse possession can file a suit for declaration of title under Article 65 of the Limitation Act, 1963.
  2. 2 Whether Limitation Act, 1963 and Article 65 bars such suit by plaintiff who has perfected title by adverse possession.

Ratio Decidendi

A person who has perfected title by adverse possession is not barred under Article 65 or any provision of the Limitation Act, 1963 from filing a suit for possession or to protect his possession. The statute and Article 65 do not restrict the plea of adverse possession only to the defendant; it may also be taken as a basis for claim by the plaintiff. The previous judgments restricting the right of suit by a plaintiff based on adverse possession are incorrect and overruled.

Court Disposition

Decisions restricting suit by plaintiff based on adverse possession are overruled. Matter remitted for consideration on merits before the appropriate Bench.

Orders

  • Prior Supreme Court decisions restricting adverse possession as basis for plaintiff's suit are overruled.
  • Pleas of acquisition of title by adverse possession can be taken by plaintiff under Article 65 of Limitation Act.