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Article on Adverse Possession

 ARTICLE ON ADVERSE POSSESSION

By P.Hema

  • Introduction:

Adverse possession means ‘hostile possession’, the title adverse to that of the true owner. The true owner of the property has therefore an obligation upon him to sue the person whom he alleges to be in adverse possession. The Limitation Act prescribed the limitation period within which a suit or appeal or application can be instituted in the court to claim relief. Such an adverse possession which is continuous, undisturbed, peaceful, for a period of 12 years, the possessor can claim the title over the property.

  • Related Provisions in The Limitation Act, 1963:

  • Article 65 of the Act provides that prescribed period for filing a suit for recovery of immoveable property is 12 years from the day of adverse possession or from the day when the knowledge of such adverse possession came to the true owner.

  • Article 27 of the Act lays down the rule that with the extinguishment of the prescribed period for filing a suit, appeal or application, under the schedule or any provision of this Act, the right inscribed with such period shall also extinguish.

This means that with the end of the prescribed period for claiming a right, a person shall lose the right to claim and hence the true owner shall also lose his title over such immoveable property if he aspires to be silent for 12 years from the date of such adverse possession.

Case law: In Ramachandra Dadgu Sonavane (By LRs) & Others v/s Vithu Mira Mahar (LRs) 2010, the Supreme Court held that if the right of the property is not exercised within 12 years from the date of cause of action, the right of remedy will be lost under the Limitation Act.

  • Conclusion:

Therefore, “Law of Limitation bars claim but does not extinguish right” as u/s 27 if the Limitation Act, according to which the adverse possession becomes a claimable right of the possessor once the owner loses his right to claim the title over such immoveable property.
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