Supreme Court of India

Ravinder Kaur Grewal v Manjit Kaur

AIR 2019 SC 382720191 min read
The case in brief30-second read
Facts
The appeals (Civil Appeal No. 7764 of 2014 and connected matters) raised whether a plaintiff claiming title by adverse possession could sue for declaration, injunction or restoration of possession. Gurdwara Sahib v Gram Panchayat Village Sirthala had held that such a plea could only be a defence.
Issue
Whether Article 65 permits a plaintiff to base a suit on title acquired by adverse possession.
Held
Yes. Under S.27 the owner's right is extinguished at the end of the limitation period, and the possessor acquires title, which he can enforce as plaintiff. Gurdwara Sahib v Gram Panchayat Village Sirthala, State of Uttarakhand v Mandir Shri Lakshmi Siddh Maharaj and Dharampal v Punjab Wakf Board were overruled. The matters were sent back for decision on merits.
Principle
A person who has perfected title by adverse possession can sue as plaintiff under Article 65 of the Limitation Act; adverse possession is a sword as well as a shield
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Facts

  • The appeals (Civil Appeal No. 7764 of 2014 and connected matters) raised whether a plaintiff claiming title by adverse possession could sue for declaration, injunction or restoration of possession. Gurdwara Sahib v Gram Panchayat Village Sirthala had held that such a plea could only be a defence.

Issue

  1. Whether Article 65 permits a plaintiff to base a suit on title acquired by adverse possession.

Held

  • Yes. Under S.27 the owner's right is extinguished at the end of the limitation period, and the possessor acquires title, which he can enforce as plaintiff. Gurdwara Sahib v Gram Panchayat Village Sirthala, State of Uttarakhand v Mandir Shri Lakshmi Siddh Maharaj and Dharampal v Punjab Wakf Board were overruled. The matters were sent back for decision on merits.

Ratio decidendi

There is no bar in the Limitation Act, 1963 to a plaintiff suing on title perfected by adverse possession when his rights are infringed.

Exam use

How to use it in an answer

Cite for S.27 and Article 65 in any adverse possession or extinguishment question, and for the sword-and-shield point.

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Citation

Ravinder Kaur Grewal v Manjit Kaur AIR 2019 SC 3827

Reported: https://indiankanoon.org/doc/199096823/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.