Get Notice Of Lis Pendens In Action To Quiet Title By Person Claiming Title By Adverse Possession 2020-2024

a person in possession cannot be ousted by another person except by due procedure of law and once 12 years' period of adverse possession is over, even owner's right to eject him is lost and the possessory owner acquires right, title and interest possessed by the outgoing person/owner, as the case may be, against whom ...

Article 64 reads as follows: If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof notwithstanding any other title that may be set up in such suit.

To claim adverse possession, the occupier must prove that they have been in continuous, uninterrupted possession of the land for at least 12 years, and that their possession was open, notorious, and hostile to the true owner. The law on adverse possession is contained in the Limitation Act, 1963.

Under the Limitation Act, 1963, any person in possession of private land for over 12 years or government land for over 30 years can become the owner of that property, as laid down in Articles 64, 65, 111, or 112 of the 1963 Act, relating to suits for possession of immovable property.

Article 64 and Article 65 read with Section 27 of the Limitation Act, 1963 provides the limitation period of 12 years to claim the possession back from adverse possessor. After the expiry of these 12 years, the adverse possessor gets the right to acquire the title of the property and owner loses his title.

"Plea of acquisition of title by adverse possession can be taken by Plaintiff under Article 65 of the Limitation Act and there is no bar under the Limitation Act, 1963 to sue on aforesaid basis in the case of infringement of any rights of a Plaintiff."

- Section 25 deals with the acquisition of easements by prescription. Sub-section (1) makes a two-fold provision. The first half deals with access and use of light or air to and for any building, which has been peaceably enjoyed with the building as an easement and as of right without interruption for 20 years.