Advocate Shweta Sharma - Solan
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In a suit for declaration of title under Art 65 of Limitation Act, mere pleading possession for more than 12 years does not give a prescriptive title to the possessor. The plaintiff has to clearly plead and prove as to when did his possession become adverse to the owner and when did the possession ripened into the prescriptive title. The Court before declaring a squatter, prescriptive owner of the property by virtue of Sec 27 and Art 65 of Limitation Act, would clearly examine the evidence regarding the nature of possession exercised by the squatter, i.e., it should be open, peaceful and continuous, to the exclusion of the true owner and without there being any interruption in the possession of the squatter on account of any action of the true owner. The person claiming adverse possession also has to prove that his possession is hostile to the true owner, i.e, he did not enter upon the property in a lawful manner or under the authority of the true owner (Karnataka Board of Wakf vs Govt. of India and ors (2004) 10 SCC 779). Thus, it is the blatant inaction on part of the true owner which is penalized by the Court, rather than rewarding the misdoings of the squatter. The Court honours prescriptive possession of the person who occupied the property for a specified time, cared for it and produced something of importance of the society. A suit based merely on previous possession would fall under the purview of Art 64 of the Limitation Act and an action may be brought on dispossession under Sec 5 of Specific Relief Act with six months from the date of dispossession, even against the true owner. An action under Art 64 of Limitation Act may be brought within 12 years of dispossession and the defendant may set up a plea of title against the plaintiff, which is not allowed under Sec 6 of Specific relief Act.
Contact Advocate Shweta Sharma
| Address : | The Mall, Solan, Himachal Pradesh 173212, India |
| Phone : | 📞 +988999 |
| Postal code : | 173212 |
| Website : | http://advshweta.blogspot.com/ |
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