Adverse Possession-Sword and Shield
PUBLISHED ON: 09-03-2022
The Hon’ble Supreme Court of India in Darshan Kaur Bhatia v. Ramesh Gandhi and Anr. reaffirmed the settled position of law, that adverse possession is not only a defence available to a defendant, but also a right available to a plaintiff as against a defendant.
The Supreme Court relied on the principles laid down in Ravinder Kaur Grewal & Ors. v. Manjit Kaur & Ors. (2019 (8) SCC 729), regarding adverse possession. The key principles laid down in the precedent are as follows:
- the possessor must have the intention to possess and hold the land adverse to the title of the true owner;
- once the right, title or interest is acquired, it can be used as a sword by the plaintiff, as well as a shied by the defendant within the limits of law as set out in the Indian Limitation Act, 1963; and
- any person who has perfected title by way of adverse possession, can file a suit for restoration of possession, in case of dispossession.
The order of the Supreme Court dated February 28, 2022, can be accessed here.
