20/08/2019
"Possession is nine-tenths of the law!" But when it relates to 'Adverse Possession', law was very clear that plea of adverse possession can be raised only by way of defence and a suit on the basis of adverse possession is not maintainable!
However, in historic judgement passed by Hon'ble Supreme Court in 'Ravinder Kaur Grewal V/s Manjit Kaur' on 07/08/2019, it has been categorically held that, "a plea of acquisition of title by adverse possession can be taken by Plaintiff under Art. 65 of the Limitation Act and there is no bar under the Limitation Act, 1963 to sue on the aforesaid basis in case of infringement of rights by the Plaintiff."
On passing of this judgment, some important questions have been raised:
1) On lapse of twelve years, right of the owner to recover the property is time barred. Whether by logical consequence of this corollary, title will vest in the person who is in possession of property?
2) Limitation Act,1963 is a procedural law governing the time frame in instituting claims before the court. Whether it has the power to confer substantive status of investing the title in case remedy is barred by law of limitation?
Many more questions to count on......
Interesting and Intriguing...!!!