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SC: Adverse Possession owing to Title over Property
The Apex Court in a recent judgment adjudicated a matter pertaining to "legal ownership" over property adjudicated over the concept of Adverse Possession. Such disputes often arise under circumstances wherein a person has been holding possession of such property for a reasonable period of time.
The concept of Adverse Possession was first relied upon in England, the concept is reflective of circumstances wherein the true owner of a property loses his/her rights of ownership in such property as a consequence of inaction towards an alleged intruder/person wrongly in possession of such property- for an unacceptable period of time. Post the lapse of statutory limitation period for eviction, the true owner becomes barred from initiating any legal proceeding to repossess the property and the latter is said to have acquired the title over that property by "adverse possession".
The recent opinion emanating from the Supreme Court bench comprising -Justice Arun Mishra, Justice S. Abdul Nazeer and Justice MR Shah : lays that any such person who has acquired title over a property owing to the doctrine of adverse posession - would be in a position to file a suit to reclaim such possession in circumstances where he were dispossessed.
The issue of law involved in this case was whether a person claiming the title by virtue of adverse possession can maintain a suit under Article 65 of Limitation Act, 1963 for declaration of title and for a permanent injunction seeking the protection of his possession thereby restraining the defendant from interfering in the possession. I
THe renowned Judges held:
"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.
In our opinion, consequence is that once the right, title or interest is acquired it can be used as a sword by the plaintiff as well as a shield by the defendant within ken of Article 65 of the (Limitation) Act and any person who has perfected title by way of adverse possession, can file a suit for restoration of possession in case of dispossession.
...When we consider the law of adverse possession as has developed vis-a-vis to property dedicated to public use, courts have been loath to confer the right by adverse possession."
Hence, any person in possession of a property for a period of 12 years or more is established to have acquired legal title and a right to sue with regards to the same as a consequence of adverse possession.
