AIR 2016 BOMBAY 63 ::2016 (1) ABR 772 ::(2016) 2 AllMR 521 (BOM)

Bombay High Court

Hon'ble Judge(s): Mridula Bhatkar , J

(A) Limitation Act (36 of 1963) , Art.65, Art.112— Title by adverse possession - Can be claimed against Government also - However, some concession of longer period of claiming adverse possession is given in favour of Government under Article 112 - In such case period of limitation is 30 years - For claim of adverse possession against Government the person should be in continuous, exclusive, open and peaceful possession for 30 years. The reason for giving a longer period to the Government when a party claims adverse possession is obvious; because the Government is not one person but is a body of persons taking decisions following procedural wrangles and moving like a python who is very slow in its action. There is no dispute that adverse possession must be proved for whole period which is claimed. It cannot be proved piecemeal. There must be proof as to the date, time and manner in which the possession became open and adverse and the owner is out of the possession. It is to be remembered that a person pleading adverse possession cannot claim equity in his favour since he is trying to defeat the rights of the true owner. The acquisition by adverse possession is an exception to law of acquisition of title through lawful means and therefore, it is to be pleaded with certainty and to be proved to the hilt. Thus, for the claim of adverse possession, a person shoul....