Response

As per the Limitation Act 1963, the statutory period of limitation that is allowed for possession of immovable property or any interest is 12 years in the case of private property and 30 years for public property, from the date the trespasser occupies the property. If a rightful owner of an immovable property fails to take action to get back possession within the limitation period then his rights are lost and person in possession acquires an absolute title, the Supreme Court stated in the month of August 2019, but held but that no benefit of adverse possession should be given to people who encroached upon public land. However, The Supreme Court has held that a person who has acquired right over a property as it was in his possession for 12 years can file a suit to re-claim it in case of forced dispossession by the original owner or any other party. The doctrine ofadverse possession is defined under article 65 of the Limitation Act which specifies the time period of 12 years up to which a claim of title over the immovable property is applicable.

But the count of 12 years starts when the possession of the defendant becomes adverse to the plaintiff. For instance, A who is the owner of the land gives his property for maintenance to B, and after 12 years if he comes back to reclaim the property, the court will not entertain his suit in his favor.

Reference:

20210066202100242277

LAWAYZ-2023-94