Friday, 8 May 2020

Supreme Court: Even if Suit for possession filed in the wrong forum, limitation period for perfecting title by Adverse possession Stops running


Coming to the case at hand the Appellant had filed the suit for eviction. The relief sought in the plaint was for delivery of possession. It was not a forum that lacked inherent jurisdiction to pass a decree for delivery of possession. It showed the intention of the Plaintiff to act and to take back the possession. Under these circumstances, after the institution of the suit, the time for acquiring title by adverse possession has been arrested or remained in a state of suspension till the entire proceedings arising out of suit are terminated. Be it ingeminated that if by the date of present suit the Defendant had already perfected title by adverse possession that would stand on a different footing.

 IN THE SUPREME COURT OF INDIA

Civil Appeal No. 10316 of 2013
Decided On: 13.11.2013

Tribhuvanshankar  Vs.  Amrutlal

Hon'ble Judges/Coram:
Anil R. Dave and Dipak Misra, JJ.



Citation: (2014) 2 SCC 788
Read full judgment here: Click here
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