Petition For Recovery Of Possession
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FAQ
The law of Adverse Possession is contained in the Article 65 Sch-I of the Limitation Act, 1963 which prescribes a limitation of 12 years for a suit for possession of an immovable property or any interest therein based on title.
The provision order XXI, Rule 35, 36 of CPC provide entitled person to apply for recovery of possession and decree of ejectment against the defendant . Nothing-withstanding in this section empowers for filing of suit after 12 years, such shall fall under Adverse Possession under Limitation Act.
Usually a limitation period is triggered when the cause of action first accrued or the date of damage. However, in cases of tort not involving personal injury, limitation may either run from the date of damage or date of discovery of such damage, whichever is longer.
When a person is entitled to the possession of specific immovable property he can recover the same by filing a suit as provided by C.P.C. He may file a suit for ejectment on the basis of strength of his title and get a decree for ejectment. Then he may execute the decree in ance with the provisions of C.P.C.
If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person through whom he has been in possession or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit."