Limitation Act, 1963
S. 27 and Art. 65 - Acquisition of title by adverse possession - Jurisdiction to determine - Proper court is civil court in a
properly constituted suit under CPC - Civil court/Rent Controller in eviction suit filed under Rent Control Act, held, cannot
determine such question,
Tribhuvanshankar v. Amrutlal, (2014) 2 SCC 788
Eviction suit under Rent Control Act - Maintainability - Matters/Issues/Questions at large in such suit - Jurisdiction of
Rent Controller/Court under Rent Control Act - Eviction decree - Existence of landlord-tenant relationship between
parties sine qua non for grant of, where eviction suit is filed under Rent Control Act - Hence enquiry in such suit should
be limited to existence of landlord-tenant relationship - If such relationship is found to be not existing, eviction suit is liable
to be dismissed - Question of plaintiff's title based on his purchase of suit property or adverse possession thereof by
defendant is beyond scope of enquiry in eviction suit under Rent Control Act - However, question of title can be
considered incidentally, but only to ascertain bona fides of denial of plaintiff's title by defendant - Jurisdiction under Rent
Control Act to try eviction suit is limited to grounds specified therein only, except where alternative remedy is permissible
thereunder - Position is different where eviction suit is filed under Transfer of Property Act, in which case civil court can
grant equitable relief under Or. 7 R. 7 CPC on basis of title of plaintiff even in absence of landlord-tenant relationship -
On facts held, plaintiff having failed to establish landlord-tenant relationship, defendant not liable for eviction - However,
trial court's finding that defendant had perfected his title by adverse possession was beyond its jurisdiction and High
Court also erred in affirming trial court's judgment to that extent - Under these circumstances, plaintiff entitled to file fresh
suit for recovery of possession,
Limitation Act, 1963
S. 27 and Art. 65 - Adverse possession - Period of limitation for perfecting title by adverse possession stops running
with filing of suit for recovery of possession, even if such suit/action is filed in the wrong forum, as in the present case,
(2014) 2 SCC 788-C
Limitation Act, 1963
S. 27 and Art. 65 - Adverse possession - Concept - Principles reiterated - It must be actual, open, hostile, exclusive and
continuous, (2014) 2 SCC 788-D
Limitation
Generally
Limitation Acts - Fundamental policy thereunder,
Print Page
S. 27 and Art. 65 - Acquisition of title by adverse possession - Jurisdiction to determine - Proper court is civil court in a
properly constituted suit under CPC - Civil court/Rent Controller in eviction suit filed under Rent Control Act, held, cannot
determine such question,
Tribhuvanshankar v. Amrutlal, (2014) 2 SCC 788
Eviction suit under Rent Control Act - Maintainability - Matters/Issues/Questions at large in such suit - Jurisdiction of
Rent Controller/Court under Rent Control Act - Eviction decree - Existence of landlord-tenant relationship between
parties sine qua non for grant of, where eviction suit is filed under Rent Control Act - Hence enquiry in such suit should
be limited to existence of landlord-tenant relationship - If such relationship is found to be not existing, eviction suit is liable
to be dismissed - Question of plaintiff's title based on his purchase of suit property or adverse possession thereof by
defendant is beyond scope of enquiry in eviction suit under Rent Control Act - However, question of title can be
considered incidentally, but only to ascertain bona fides of denial of plaintiff's title by defendant - Jurisdiction under Rent
Control Act to try eviction suit is limited to grounds specified therein only, except where alternative remedy is permissible
thereunder - Position is different where eviction suit is filed under Transfer of Property Act, in which case civil court can
grant equitable relief under Or. 7 R. 7 CPC on basis of title of plaintiff even in absence of landlord-tenant relationship -
On facts held, plaintiff having failed to establish landlord-tenant relationship, defendant not liable for eviction - However,
trial court's finding that defendant had perfected his title by adverse possession was beyond its jurisdiction and High
Court also erred in affirming trial court's judgment to that extent - Under these circumstances, plaintiff entitled to file fresh
suit for recovery of possession,
Limitation Act, 1963
S. 27 and Art. 65 - Adverse possession - Period of limitation for perfecting title by adverse possession stops running
with filing of suit for recovery of possession, even if such suit/action is filed in the wrong forum, as in the present case,
(2014) 2 SCC 788-C
Limitation Act, 1963
S. 27 and Art. 65 - Adverse possession - Concept - Principles reiterated - It must be actual, open, hostile, exclusive and
continuous, (2014) 2 SCC 788-D
Limitation
Generally
Limitation Acts - Fundamental policy thereunder,
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