2000 A I H C 1061 ::(2000) 2 HinduLR 313 ::(1999) 6 AndhLD 535 ::(2000) 1 AndhWR 92

Andhra Pradesh High Court

Hon'ble Judge(s): B. S. Raikote , J

Limitation Act (36 of 1963) , Art.65(b)— Reversioner - Suit for possession of immovable property - Limitation - Plaintiff a Hindu, claiming to be reversioner of her mother who died in the year 1954, filed a suit for possession of her estate in the year 1974 - Suit liable to be dismissed as it is barred by limitation - If the plaintiff wants to agitate her rights, she could do so within 12 yrs. From date of death of her mother - Suit filed thereafter, not maintainable. If a person wants to agitate the rights as a reversioner under Hindu law or Muslim law, he must prove his possession within 12 years from the date of death of such a female, whose reversioner such a person claims. In the instant case, the plaintiff claims to be reversioner of her mother, who died in the year 1954 and if that is so, she must file the suit within 12 years from 1954 i.e., in or before the year 1966. During this period, the possession of any other person other than the reversioner shall be deemed to be adverse to such reversioner. Thus if the reversioner fails to file a suit within 12 years, the person in possession perfects his or her right by adverse possession on the basis of the fiction incorporated in the Explanation (b) of the Article 65 of the Limitation Act. The period of limitation should be calculated from the date of death of female Hindu, and during that period, the pos....