Facts of the Case
- A person claims ownership or possessory rights over immovable property.
- However, another party has been in continuous possession of the said property for a significant period.
- The original owner has not taken any legal action within the prescribed time limit to reclaim the property.
- A dispute arises regarding whether the original owner can still assert his rights over the property.
Issues in the Case
- When does the right of a person to recover possession of property get extinguished?
- Does mere passage of time affect legal ownership?
- How does adverse possession impact ownership rights under the Limitation Act?
Principles Associated with It
- Section 27 of the Indian Limitation Act, 1963: If a person fails to file a suit for possession of immovable property within the prescribed period, his right to such property is extinguished.
- The prescribed period to recover possession of immovable property is generally 12 years under Articles 64 and 65 of the Schedule to the Act.
- The limitation period starts from the date when possession of the defendant becomes adverse to the plaintiff.
- The doctrine of adverse possession applies: uninterrupted, hostile, and continuous possession for 12 years can lead to extinguishment of the true owner’s title.
Judgement
- If the true owner does not initiate a suit for recovery of possession within 12 years from the date of dispossession or from when adverse possession starts, their legal right is extinguished under Section 27.
- The person in adverse possession gains ownership under the law.
- The law treats the person in possession as the rightful owner not because of a positive grant of title, but because the true owner has lost the right to enforce ownership due to inaction.
- Courts have upheld this position in various judgments, reinforcing that time-bound enforcement of rights is essential under civil law.
