News By/Courtesy: Risha Roy | 29 Sep 2019 19:36pm IST

HIGHLIGHTS

  • Any person who had a property in his possession for more than 12 years shall have the right to re-claim it
  • A three-judge bench ruling
  • Article 65 of the Limitation Act

In a recent Supreme Court judgement, it was held that any person who had a property in his possession for more than 12 years shall have the right to re-claim it if forcefully made to give up possession by original owner.

The Doctrine of Adverse Possession propounds that if a real owner takes no action to take over possession from any person who has had possession of the property for over 12 years, then the person who is not the original owner shall become the rightful owner of the property.

Further in the instantaneous case, a three-judge bench comprising of Justice Arun Mishra, Justice Abdul Nazeer and Justice MR Shah held that a person in possession of a property for over 12 years shall have the right to file a suit to re-claim property from the original owner based on the aforementioned doctrine.

"We hold that a person in possession cannot be ousted by another person except by due procedure of law and once 12 years' period of adverse possession is over, even owner's right to eject him is lost and the possessory owner acquires right, title and interest possessed by the outgoing person/ owner as the case may be against whom he has prescribed," the bench said.

Article 65 of the Limitation Act further allows the maintainability of the lawsuit by any person who has by the virtue of Adverse Possession been granted the true title and can therefore file a suit for restoration of his right to the property.

Section Editor: Prithvjjit Mukherjee | 29 Sep 2019 21:37pm IST


Tags : #SupremeCourt #Article65 #LimitationAct #AdversePossession

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