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Suit for declaration based on adverse possession having matured into ownership – Maintainable

In DARSHAN KAUR BHATIA VERSUS RAMESH GANDHI & ANR., suit for declaration of title inter alia pleading that adverse possession on the suit property filed by the Appellant was rejected by the lower court as well as the High Court.

The High Court had opined that the appellant as plaintiff cannot seek a declaration based on adverse possession having matured into ownership on the premise that the plea of adverse possession was only a plea of defence and not of establishing rights as a plaintiff though injunction suit would be maintainable.

The Supreme Court setting aside the order of the High Court reiterated that legal position in this behalf now stands enunciated to the contrary in terms of the judgment of this Court in Ravinder Kaur Grewal & Ors. v. Manjit Kaur & Ors.- 2019 (8) SCC 729 wherein it has been held that 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 he has prescribed.

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