2019 (6) ABR 57 ::AIROnline 2019 SC 804 ::(2020) 9 Scale 219 ::AIR 2019 SC (Civil) 2707 ::2020 (2) Mad LW 207 ::2020 (148) Rev Dec 208 ::2020 (139) All LR 717 ::2019 (5) Cal HN 136 ::(2019) 3 CurCC 171 ::(2019) 4 CgLJ 16 ::(2019) 3 ICC 641 ::(2019) 3 Ker LT 865 ::(2019) 6 Mad LJ 96 ::(2019) 4 MPLJ 196 ::(2019) 6 Mah LJ 87 ::(2019) 3 Raj LW 2255 ::(2019) 3 PLR 584 (SC) ::(2019) 2 Orissa LR 478 ::(2019) 2 RentLR 1 ::(2020) 206 All Ind Cas 75 ::(2019) 6 All WC 5239

Supreme Court Of India

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

Limitation Act (36 of 1963) , Art.64, Art.65, Art.27— Suit for declaration of title and protection of possession or restoration of possession-On ground of adverse possession - Maintainability - Person claiming title by virtue of adverse possession can maintain suit u/Art. 65 of Limitation Act, 1963 for declaration of title and for permanent injunction seeking protection of his possession. (2014) 1 SCC 669, (2017) 9 SCC 579, (2018) 11 SCC 449, Overruled. (Para 46 48 49 50 53 57 58 59 61) 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....