Adverse Possession

by Alpana sharma


Adverse Possession

This project is focused on the case analysis of the Adverse Possession. Before moving on to the cases it is necessary to understand the meaning of the word “Possession” which according to the Oxford Dictionary means- The state of having or owing something for a particular time. In general, the possession signify, physical detention coupled with intention to hold the things detained as one’s own to the exclusion of others. So, we can say that possession consist of two elements: (a) Physical control or power over the object possessed called corpus. (b)Intention or will to exercise that power called animus.

Adverse possession, is the possession of property by a person which is adverse to every other person having, or claiming to have a right of possession by virtue of a different title. The law of prescriptive rights is best summed up by the Brocard, ‘nec vi, nec clam, nec precario’, indicating the acquisition of a right by prescription must be in circumstances that exclude ‘force, stealth or licence’. A prescriptive right is essentially one that is created by uncontested assertion of the right for a given period of time. The principle is based in many ways on a sort of estoppel in rem. In India, the Limitation Act, 1963 is the legislation that governs the period within which suits are to be filed, etc.. The principle that pervades statutes of limitation at common law is that ‘limitation extinguishes the remedy, but not the right’ this means that the legal right itself is not defeated, but only the right to claim it in a court of law is extinguished. An exception to this general rule is the law of prescriptive rights, whereby the right itself is destroyed. Section 27 of the limitation Act, 1963 proclaims:

Section 27: Extinguishment of Right to Property- At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished.

This provision, when read with Articles 64 and 65 of the Schedule to the Limitation Act, 1963 establishes the law of adverse possession as it stands in India today. These two Articles both prescribe a period of twelve years within which the right to claim a particular property is extinguished, but the two differ in so far as the date on which such period of limitation begins to run.

Article 64 deals with cases where the dispute is over possession not necessarily based title, and in such cases the period of limitation runs from the time when the plaintiff was dispossessed of the property.

Article 65 deals with cases where the dispute is over title as such also and in such cases the period of limitation runs from the time when the defendant becomes adverse to that of plaintiff.

Adverse possession of the land is the process by which title to another’s land is acquired without his permission. Adverse Possession is a possession which is opposed to once interest of the real owner of the property. It is possession in denial of the title of the true owner. According to Supreme Court of India, “The law as it exists is extremely harsh for the true owners and a windfall for a dishonest person who had illegally taken possession of the property of the true owner.” In layman language it is called “land grabbing.” Roots of this type of land grabbing lies in the national policy called “Land to the Tiller”. Although the aim of the policy was to abolish of intermediaries between the tiller and Government, some dishonest person used this policy as a license to grab the other person’s land.

Once adverse possession is proved by the person despite by wrong means, the true owner loses his right over the land/property. A person can prove adverse possession if the possession is:

• Actual – Adverse possession consists of actual occupation of the land with the intent to keep it solely for oneself. Merely claiming the land or paying taxes on it, without actually possessing it, is insufficient. Entry on the land, whether legal or not, is essential. A trespass may commence adverse possession, but there must be more than temporary use of the property by a trespasser for adverse possession to be established. Physical acts must show that the possessor is exercising the dominion over the land that an average owner of similar property would exercise. Ordinary use of the property—for example, planting and harvesting crops or cutting and selling timber—indicates actual possession. In some states acts that constitute actual possession are found in statute.

• Open and Notorious

An adverse possessor must possess land openly for the entire world to see, as a true owner would. Secretly occupying another’s lands does not give the occupant any legal rights. Clearing, fencing, cultivating, or improving the land demonstrates open and notorious possession, while actual residence on the land is the most open and notorious possession of all. The owner must have actual knowledge of the adverse use, or the claimant’s possession must be so notorious that it is generally known by the public or the people in the neighborhood. The notoriety of the possession puts the owner on notice that the land will be lost unless he or she seeks to recover possession of it within a certain time.

• Exclusive

Adverse possession will not ripen into title unless the claimant has had exclusive possession of the land. Exclusive possession means sole physical occupancy. The claimant must hold the property as his or her own, in opposition to the claims of all others. Physical improvement of the land, as by the construction of fences or houses, is evidence of exclusive possession.

• Hostile

Possession must be hostile, sometimes called adverse, if title is to mature from adverse possession. Hostile possession means that the claimant must occupy the land in opposition to the true owner’s rights. One type of hostile possession occurs when the claimant enters and remains on land under color of title. Color of title is the appearance of title as a result of a deed that seems by its language to give the claimant valid title but, in fact, does not because some aspect of it is defective. If a person, for example, was suffering from a legal disability at the time he or she executed a deed, the grantee-claimant does not receive actual title. But the grantee-claimant does have color of title because it would appear to anyone reading the deed that good title had been conveyed. If a claimant possesses the land in the manner required by law for the full statutory period, his or her color of title will become actual title as a result of adverse possession.

• Continuous & Uninterrupted – All elements of adverse possession must be met at all times through the statutory period in order for a claim to be successful. The statutory period, or “statute of limitations”, is the amount of time the claimant must hold the land in order to successfully claim “adverse possession”. (In India as per Limitation Act 1963, the statutory period is 12 years)

Case Analysis

Bligh vs. Martin

Facts-An arable field of farmland was included in the parcels of a conveyance in 1945 to the defendant though he did not become aware that this field had been conveyed to him until 1965. The same field was included in the parcels of a conveyance by the same grantor in 1948and the plaintiff’s title rested so far as deeds were concerned on this conveyance. A dispute having arisen in 1966 between the plaintiff and the defendant as to the ownership of the field the plaintiff brought an action in which he claimed title by adverse possession the periods of adverse possession in legal dispute being as events happened, (a) a period from the end of 1954 to Lady Day, 1960, (b) a period from then until Sept, 29, 1960 and (c) the period thereafter until Feb, 16 1961. During the first of these three periods the defendant as contractor under a contractual arrangement made with the plaintiff through the plaintiff’s agents did work of ploughing, sowing and harvesting the field he also turned cattle out on the stubble during the four or five winter months but the plaintiff’s agents did know of this. During the second period the defendant had a seasonal grazing tenancy or licence from the plaintiff of the estate that included the field this being for six months of the year at a rent the defendant continued to put cattle on the field in the winter. The third period was for the legal purpose on the same footing as the winter season immediately preceding that second period. The defendant contended that the field ceased to be in the plaintiff’s adverse possession at some time during the three periods.

Issue- Whether the plaintiff had establish a possessory title by the adverse possession?

Held- The plaintiff had established a possessory title by virtue of the twelve years adverse possession within Section 10 of the Limitation Act, 1939, because as regards the first period the defendant’s user of the field by turning cattle on to it did not amount to dispossessing the plaintiff and did not bring to an end the plaintiff’s adverse possession and during the rest of the year the defendant’s user of the land was as contractor to the plaintiff.

According to the Section 10- (1) no right of action shall be deemed to accrue unless the land is in the possession of some person in whose favour the period of limitation can run and where under the foregoing provisions of this, Act, any such right of action is deemed to accrue on a certain date and no person is in adverse possession on that date the right of action shall not be deemed to accrue unless and until adverse possession is taken of the land. (2) where, a right of action to recover land has accrued and therefore before the right is barred the land ceases to be in the adverse possession, the right of action shall be deemed to accrue unless and until the land is again taken into adverse possession. (3) for the purpose of this section the land in reversion shall b deemed to be adverse possession of the land. It is observed in this case that the twelve year period for the purpose of the statute began on 16, Feb, 1961. This brings in the first summer season of the new arrangement that is the season of 1960.

Possession is a matter of the fact depending on all the particular circumstances of a case. In very many cases possession cannot in the nature of things be continuous from day to day and it is well established that possession may continue to subsist notwithstanding that there are intervals and sometimes long intervals between the acts of user. Plaintiff of his own use the land by turning heifers on to it during winter month falls it seems far short of dispossessing the plaintiff. Possession is from its nature exclusive in this connexion. Both counsel pointed out that where land is subject to a tenancy the landlord and the tenant have each in correct legal parlance possession of the land though in different senses.

So the position as regarding the short period after the summer season of 1960 is the same as that in respect of the winter season immediately preceding that summer season, and no separate argument has directed to the court. For this reasons, the plaintiff has made out a good possessory title.

State of Haryana vs. Mukesh kumar and others

Facts: The State of Haryana had filed a civil suit through the Superintendent of police, Gurgaon, seeking a relief of declaration to the effect that it has acquired the rights by way of adverse possession over the land situated in the revenue estate of Hidayatpur Chhavni, Harayana. The other prayer in the suit was that the sale deed dated 26th March 1990 as well judgement and decree dated on 19th May 1992 passed in civil suit dated 9th March 1992 are liable to be set aside. As a consequential relief, it was also prayed that the defendants be perpetually restrained from interfering with the peaceful possession of the plaintiff (petitioner herein) over the suit land. For the sake of convenience, here, the petitioner is referred as the plaintiff and the respondents as defendants. In the written statement, the defendants raised a number of preliminary objections pertaining to estoppels, cause of action & mis-joinder of necessary parties. It was specifically denied that the disputed property was still lying vacant. However, the plaintiff recently occupied by using the force and thereafter also raised the boundary wall of police line. It was denied in the written statement that the plaintiff right of ownership by way of adverse possession qua property in question. The defendants prayed for dismissal of suit and by the way of a counter claim also prayed for a decree for possession qua suit property be passed.

Issue: 1.Whether plaintiffs become owner of the disputed property by way of adverse possession?

2. Whether defendants are rightful owners of disputed property on the basis of impugned sale deed date 23rd June 1990 registered on 3rd July 1990?

3. Whether defendants are entitled for possession of disputed property?

Overall the main issue of the case is that whether the State which is in charge in protection of life, liberty and property of the people can be permitted to grab the land and the property of its own citizen under the banner of the plea of adverse possession?

The government itself may require land by possession. Fairness dictates and commands that if the government can acquire title to the private land through adverse possession, it should able to lose title under the same circumstances.

Issue No.1 which relates to the adverse possession, according to the trial court the plaintiff has proved to fail the possession over the disputed property because the plaintiff could not produce the documentary evidence to prove this. On the contrary, revenue records placed on the records shows that the defendants are the owners in possession of the disputed property. The trial court observed that possession of the state as claimed in the plaint for a continuous period of 55 years, stood falsified by the documents issued by the officials of the state.

The trial court also observed that despite claiming adverse possession, there was no pleading qua denial of the title of the defendants by the plaintiff, so much so that the specific day when the alleged possession of the state allegedly became the adverse against the defendant has not been mentioned in order to establish the starting point of the limitation could be ascertained. The trail court relied on the judgement of the SM Kaarim vs. Mst. Bibi Sakina wherein the court has laid down that the adverse possession must be adequate in continuity, in publicity and extent and a plea is required at least to show when possession become adverse. The court also held that long possession is not necessarily adverse possession. The trial court also relied on the decision of the High Court of Punjab And Haryana in the case of Bhim Singh vs. Zile Singh wherein it was establish that no declaration can be sought by a plaintiff woth regard to the ownership on the basis of adverse possession.

The trial court came to specific conclusion that despite the fact that the possession of the plaintiff over the disputed land is admitted on behalf of defendants, issue no. 1 stand decided against the plaintiff. It was held that the suit of the plaintiff claiming ownership by way of adverse possession is not maintainable.

Regarding the issue no. 2 & 3, the trial court observed that once it is held that defendants are the owners of the disputed property, which is presently in possession of the plaintiff without any right, they (defendants) are entitled to its possession.

As a sequel to the findings of this court on the issues mentioned above the suit of the plaintiff stands dismissed, however, counter claims filed by the defendants is decreed with costs to the effect that they are entitled to possession of land situated in revenue estate of Hidayatpur Chhavni.

The plaintiff aggrieved by the judgement of the trial court filed an appeal before the Leaned Additional District Judge, Gurgaon, while deciding they relied on the judgement of the Punjab and Haryana high Court delivered in the case of Food Corporation Of India Vs. Dayal Singh wherein it was observed that it does not behave the government to take the plea of adverse possession against the citizens. They also relied on the case of the Bhim Singh And Kanak Ram vs. Chanan Singh wherein it was held that a person in the adverse possession of immovable property cannot file a suit for declaration claiming ownership and such a suit was not maintainable. Before parting with the judgement the learned Additional District Judge observed regarding the conduct of the plaintiff that the present suit was filed by state of Haryana by then Superintendent of police department is for the protection of the people and property of the citizen and the policed department had unnecessarily dragged the defendants in unnecessary litigation. The appeal was dismissed.

Unfortunately, despite serious decision passed by the court, the State of Haryana did not got satisfied or learned the lessons and preferred a Second Appeal before the high Court of the Punjab And Haryana, Chandigarh against the judgements and the decrees of the two courts.

The High Court, relying on the earlier judgements observed that the welfare state which was responsible for the protection of life and property of its citizen was in the present case itself trying to grab the land/property of the defendants under the garb of plea of adverse possession and hence the action of the plaintiff is deplorable and disgraceful. Unfortunately the State of Haryana was still unsatisfied with three strong judgements by three different forums given against the state quite anxious and keen to grab the property of the defendants in a clandestine manner on the plea of the adverse possession. The revenue records of the state revealed that the disputed property stood in the name of the defendants. It is unfortunate that the Superintendant of the police, a senior official of the Indian Police Service made repeated attempts to grab the property of the true owner by filing repeated appeals before different forums claiming right of ownership by way of adverse possession. The citizens may lose faith in in the entire police administration of the country that those responsible for the safety and security of their life and property are on a spree of garbing the properties from the true owners in a clandestine manner.


In conclusion, one must note that the law of adverse possession is no longer what it used to be, a tool of a powerful squatter buttressed by the lack of awareness on part of the true owner in an ancient law. Today, the law of adverse possession is viewed with great circumspection by the judiciary, and this is a trend that commenced abroad. With the recognition of property as a human right of sorts by the European Court of Human Rights we see the classical conception of the law of adverse possession changing slowly but surely. There, the ECHR held: “The question nevertheless remains whether, even having regard to the lack of care and inadvertence on the part of the applicants and their advisers, the deprivation of their title to the registered land and the transfer of beneficial ownership to those in unauthorized possession struck a fair balance with any legitimate public interest served.”



15 thoughts on “Adverse Possession

  1. A piece of my father’s land is under possession of another person and on land records also it says the land is in possession of other person but registered name is of my fathers. But in 1987, that person died. All other land that was on his name got transferred to his family members except this our piece of land that was under his possession. Though his family is still in possession of that piece of land but it’s not on their names in revenue records. Records says that its under his (father, his name is there in records) possession but not his sons. I would like to know why that piece was not transferred to his family’s name? If I would file a case in court, can I reclaim that piece of land. In records, the land is in my father’s name but under possession of other person. Please advise. Thank you.

    I have a land since 2000 and I’m paying the electricity and water bills of the land since 15 years and i have also got some other bills of construction on the land and now someone came and claimed about the land. how can I prove that I have my possession since 15 years? I mean to say how can I prove my possession since 15 years on the property?

  3. I have a land 11dec. in possession since 30 years. Recently one person came to me and claimed about the land. I don’t have any paper regarding the land and also my father , who had purchased this land , passed away 4 years back. What to do, please suggest me.

  4. A is the owner of a lease hold house
    A sold it to B (will regd, SPA,GPA)
    B sold to C (will agreement to sell)
    A dies
    B dies
    C is claiming adverse possession
    legla hires of A opposing





  5. I feel the person who is in possession should be called a squatter- that term is bad. It is proper only if the initial intent is to grab the land.
    If at all the law need changes it is this initial intent that should be examined.

  6. since 38 years we are cultivating the agriculture land of our grand father. my grand father is passed away 8 years back. grand father has 3 sons. now 2 sons are asking to return to them since it is in their moms name now. there is no litigation filed as on against us. But can we claim a adverse possession now if they claim the property through court.

  7. With respected it is submitted:-
    In Hemaji Waghaji case, the court extensively referred to the earlier decision in P.T.
    Munichikkanna Reddy vs. Revamma (supra, 9) and placed heavy reliance on ECHR decision in
    J.A. Pye Oxford Vs. United Kingdom. Practically, the words employed by the learned trial
    Judge Neuberger, J in J.A. Pye (Oxford) vs. Grahams18 and the European Court of Human
    18(2000) 3 WLR 242
    Rights (ECHR) in J.A. Pye (Oxford) Ltd. vs. United Kingdom19 have been repeated in the
    concluding paragraph. The fact that by the time Hemaji Waghaji’s case was decided, the Grand
    Chamber of ECHR delivered its judgment on 30th August, 2007 disapproving the ratio of the
    2005 decision of ECHR in the case between the same parties was not brought to the notice of the
    learned Judges of Supreme Court. The Grand Chamber of the ECHR examined the legislation
    relating to adverse possession from the point of view of the objective of the law, the principles
    of proportionality and fair balance and held that the existence of the limitation period for actions
    for recovery of land as such pursues a legitimate aim and that the fair balance required by Article
    Protocol No. 1 to the Convention was not upset by the law dealing with adverse possession.
    It is interesting to note that the Northern Ireland Law Commission in its Report on Land
    Law [NILC8 (2010] had expressed the view that in the light of the decision of the Grand
    Chamber of the European Court of Human Rights in the case of J.A. Pye (Oxford) Ltd. Vs. U.K.,
    the human rights issues relating to the doctrine of adverse possession have been put to rest for
    the time being and should not be pursued further. The consultees were unanimously in
    19 (2005) 49 ERG 90
    agreement with the Law Commission that the doctrine of adverse possession should be reained to
    enable a squatter to acquire the title of a dispossessed owner after the expiration of the specified
    period of limitation.

  8. ‘A’, a trust filed an ejectment petition against ‘B’ in the year 1983, dismissed; appeal also dismissed in 1990. Rent was paid upto 1987. No litigation thereafter. B vacated the (Shop) property in 1992. In 1995, B’s son occupied the shop again unauthorizedly. B died in 1999. A again filed a petition in 2012 alleging B’s tenancy in the hands of his son. can B’s son claim adverse possession over said shop. B’s son denied tenancy and earlier litigation and claimed independent adverse possession. Will B’s son succeed ?

    1. if B’son is plaintiff in suit then he cannot claim adverse possession in view of case law i.e. Bhim Singh vs. Zile Singh see AIR 2006

    1. the caretaker can apply for the registry, the only thing is that he has to fulfill the limitation period provided under the Limitation Act and also by his acts he should show…. as if he is the real owner of the property to the world around property.

    Respected Sir ,
    This petition/information is being submitted to you for NOT CHANGEING/AMEND the law of Adverse possession by the virtue to the Limitation act of India 1963 which has been selected, drafted and notified after due deliration by our selected public representative M.P’s and with cumulative mind of the Hon’ble Parliament of India which always keeps in mind the Interest of Public at large .
    If at all the said law of adverse possession in which Interest of the public as already decided by the parliament of India in regard to the law of adverse possession is change there will be following negative effect on the people of India and on other systems also
    1 The said law is existing all over the world as it reduces litigation due to the said parameters in the limitation act of India.
    2 If this law of adverse possession is changed or abolished it would be unconstitutional would undermine the honorable Parliament of India will and facilitate unnecessary litigation which were already barred by The limitation act of India ,
    3 it would also facilitate crime as criminals would be hired by the past owner’s who already lost there title by adverse possession to take possession from the current owner,
    4 it would also harass lacks of people/family’s in India who have bought properties on oral agreements , part agreements in olden days by just paying money and taking over possession due to High illiteracy rate buying property by virtue of receipt’s or just taking over possession not hiring advocates due to money shortage and just ending up making documents if at all which were not completely recognized , authorized by state and did not / were not entitled to get their names mutated in various government records as morally, constitutionally these transactions were genuine but were not documented as per the current law
    Due to above said reasons and foreseen circumstances and as time passed the said purchases/people who were in possession of their respected properties also perfected their title by adverse possession as the claimants as per the government records in every state of India already knew that they are no more owners/don’t have right over the said property as such in rural areas and in urban areas people/families are saved by the virtue of adverse possession “The Limitation Act 1968 “for illiteracy of their forefathers/their own illiteracy . This law is being practiced all over the world , also it is evident in the Indian Evidence Act the person in possession is primafaci the owner of the property More “The Concept of adverse possession exist to cure potential or actual defects in real estate titles by putting a statute of limitation on possible litigation over ownership and possession. A landowner could be secure in title to his land’ otherwise, long-lost heirs of any former owner, possessor or lien holder of centuries past could came forward with a legal clam on the property “ ,but in India we still have this situation in rural parts and as well as in modern cities due to illiteracy, lakhs of legal knowledge y,money constraints etc as such The law of adverse possession by the virtue of The Limitation act of India 1968 DON’T NOT WARRANT ANY CHANGE
    6)The intention of such statutes is not to punish one who neglects to assert rights , but to protect those who have maintained the possession for the time specified by the statue under clam of right or color of title’s or even by possession maintaining the property
    A very important thing in mind the Hon’ble parliament/ Senior Buru carts who also have responsibility of India on there shoulder’s has to keep The said law of limitation act has 1 to 137 schedule’s( Parts ) in which time frame for suit’s , appeal, recovery of money , damages ,mortgage , recovery’s , declaration etc have been framed as in such matter’s also arguments can be given :- .
    As for recovery of money the time limit is 3 years in the act , what if a person who has a genuine clams , he files suit say after 8 years , he is barred by Law already notified by the parliament of India to recover the money which he has to recover and such arguments can also be address in 137 schedules of the limitation act , which will make the WHOLE act defunct and there will be no limitation of files suits , going to court’s law will go haywire court will be filled with unnecessary litigation , there will be No cap on litigation List attached ANX 1
    Such type of arguments have also been addressed as they are in The Judgment of the hon’ble supreme court State of Haryana Vs Mukesh Kumar & Ors., about adverse possession which is covered in schedule 64 , 65 of limitation act of India like wise all this argument can be given in every section of The limitation act of India 1968 1 to 138 which means in every parliament session we will amended and abolish law , and The Supreme court is also not sure/left the decision or even not to take any decision on the issue and left it on Hon’ble Parliament , Government of India , Hon’ble President of India as such this judgment was outcome of a suit by Haryana government against a private person, moreoless if we go onto the true intension of Hon’ble Supere court , it just meant that government department should avoid/not clams title by adverse possession on private person land and in the said case the government failed to prove adverse possession/long hostile possession and other fowl in there own suit , even after 3 strong judgments of lower court . the police department of Haryana filed a appeal , which land to the above said judgment . this judgment is in a private case , such judgment , should not be treated to abolish or change a law already notified by the Government of India in the interest of public at large after due deliberation’s as such maximum, acting should be taken against the government department who filed such baseless case which made the government cut a sorry figure in front of Supreme court .
    Such arguments can be made in every schedule , THEN THE WHOLE ACT ONE BY ONE WILL CHANGE and leave the country in docks , and end the use of limitation act
    There are innumerous benefits of The limitation act of India 1968 in which adverse possession is also schedule, which are stated above more over it is a protection to lacks of poor people/family’s in India , who have been maintained the property, people who bought property just by taking over possession and giving money in return , makes less burden on judiciary as there is a set period of limitation under the act which exists all over the world , The law applies all over the world , it removed defect in title of a person in possession of a property and above stated facts
    A example judgment by the Hon’ble High court BOMBAY on 25/09/2009 in which it shows a person is saved who is in possession of his house since 1950 by the law of adverse possession Anx 2
    If the law of Limitation is changed or removed then there is 138 parts , there will be no cap in litigation , recovery , court’s will be filled with fabulous cases, In the Judgment of supreme court , it can easily be seen Over activism of judiciary , in the Constitution of India , it is clearly stated , The Hon’ble parliament who makes law’s in the interest of public as they are all selected elected representatives of the every district /state in India More over if you go thru the judgment of Supreme court of India State of Haryana Vs Mukesh Kumar & Ors., they are also not sure what to do about the law , in fact it is just a outburst of judicious on a act of a government department(police Haryana ) who intended to grab a private property , more over the said supreme court judgment has just suggested/recommended the government should not use adverse possession law against private people land ths it
    It is requested with folded hands in interest of Public at large , maintaining the Dignity of the Hon’ble parliament of India , Protecting fundamental rights of people , stop over activation of the Hon’ble Court’s NOT TO AMENDED/ABOLISH the law of adverse possession/The Limitation act 1963 of India as it would amount to Constitutional infringement , make a imbalance in law , harries lacks of people/families , facilitate crime as criminals would be hired to take possession of property from the owner who has already perfected there title by the law of adverse possession , if the law of adverse possession is changed , it would amount to lower the dignity of The Hon’ble Parliament of India who have carefully thought and made the law of the people of India and also the above state facts

  10. With deepest respect to the Judgment of the Hon’ble Apex Court, I humbly submit that it is not that the law gives legitimacy to a dishonest act of a person taking forcible possession of land belonging to a true owner, but rather that is the effect of the law of adverse possession. It has different connotations. A person even if he is a true owner must come out with his case within a reasonable time which is fixed in India at twelve years. Beyond that period it is increasingly and grossly unfair to put the person in possession to prove that he has the ownership of the same. A person in possession of immoveable property for twelve years without any objection from those who could have proved their title within that time is reasoably expected to believe that his possession will not be disturbed and that his title will not be called into question. Besides, in the meantime he may have sold the property to others on the said basis and new purchasers will then suffer injustice on this account. The question of title like litigation must have some end. Otherwise, you might be called upon to prove the title of your predecessor in title for a hundred years which may be quite impossible. Undoubtedly, if a person has taken forcibly possession for twelve years the law gives him protection. But the law also gives protection to a person who has settled possession of the property, leaving the other to endure the high costs of litigation. Cannot it be then said that the law is protecting the dishonest. With deepest respect to the judgment of the Apex Court I humbly submit that if the law on adverse possession is changed, every case will drag on like the Ayodhya case, and that too by the law of the land.

    1. Dear Mr. N.G.O,
      Thanx a lot for going through my article but i would have appreciated your point if instead of writing such a long comment you would have written a whole separate article on the same topic.

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