AIR 2019 SUPREME COURT 3827 ::AIROnline 2019 SC 804 ::(2019) 2 CLR 437 (SC) ::(2019) 262 DLT 1 ::(2019) 3 All RentCas 161 ::(2019) 4 CivilCourtC 1 ::(2019) 3 Pat LJR 420 ::2019 (8) SCC 729 ::(2019) 4 RecCivR 1 ::(2019) 10 Scale 473 ::AIR 2019 SC (Civil) 2707

Supreme Court Of India

: AIROnline 2019 SC 804

Hon'ble Judge(s): Arun Mishra, S. Abdul Nazeer, M. R. Shah , JJJ

Limitation Act (36 of 1963) , Art.64, Art.65, Art.27— Adverse possession - Suit for declaration of title and for restoration of possession - Person perfecting title by virtue of adverse possession can maintain suit u/Art. 65. (2014) 1 SCC 669, AIR 2017 SC 4472, (2018) 11 SCC 449, Overruled. There is absolutely no bar for the perfection of title by way of adverse possession whether a person is suing as the plaintiff or being sued as a defendant. The inferential process of interpretation employed by the High Court is not at all permissible. It does not follow from the language used in the statute. The large number of decisions of this Court and various other decisions of Privy Council, High Courts and of English courts which have been discussed here and observations made in Halsbury Laws based on various decisions indicate that suit can be filed by plaintiff on the basis of title acquired by way of adverse possession or on the basis of possession under Arts. 64 and 65. There is no bar u/Art. 65 or any of the provisions of Limitation Act, 1963 as against a plaintiff who has perfected his title by virtue of adverse possession to sue to evict a person or to protect his possession and plethora of decisions are to the effect that by virtue of extinguishment of title of the owner, person in possession acquires absolute title and if actual owner dispos....