Overview of Adverse Possession Lecture

Introduction

• Subject of the lecture: Overview of Adverse Possession.
• The lecture is part of a series primarily for law students and lawyers.
• Past topics include CPC and the Limitation Act.
• Today's subject spans episodes 58-70 in the series.

Adverse Possession

• Adverse possession: a principle of common law, not explicitly mentioned in the Limitation Act.
• Relevant legal provisions:
  • Section 27 of the Limitation Act.
  • Article 65 and Article 134 of the Limitation Act.
  • Order 21, Rule 95, 96 of CPC and Section 65 of CPC.

Principles of Adverse Possession

• Latin maxim: "nec vi, nec clam, nec precario" (without force, secrecy, or permission).
• Possession must be:
  • Open
  • Continuous
  • Notorious
  • Without concealment
• Adverse possession begins in wrong and aims for right.

Process of Adverse Possession

• The wrongful possession becomes absolute if the original owner does not take action within 12 years (Article 65).
• Normally, limitation bars remedy, not the right, but Section 27 extinguishes the right itself after the limitation period.

Historical Context

• Prior to 1963 Limitation Act, the 1908 Act required proof of possession within 12 years for title-based suits.
• The current law under the 1963 Act focuses on proving title, not possession within a specified period.

Specific Cases and Principles

• Against Co-owners: Adverse possession requires proving ouster.
• Licensees and Lessees: Possession under a license or lease does not count as adverse.
• Mortgagees: Cannot claim adverse possession as it's a derivative right.
• Suit for Declaration: Possible even if title perfected by adverse possession (Grewal's case).

Key Legal Decisions

• Supreme Court judgments have addressed adverse possession, often with a trend against its easy establishment.
• Important case: Ravinder Kaur Greval vs. Manjit Kaur & others.

Practical Application

• Understanding principles of limitation is crucial:
  • Appeals, suits, and applications under limitation.
  • No condonation of delay power for suits, only appeals and applications.

Conclusion

• Adverse possession is a complex legal doctrine requiring careful proof of continuous, open, and notorious possession.
• Courts scrutinize claims of adverse possession, especially regarding public and government lands.
• Students and lawyers encouraged to review detailed episodes for deeper understanding.

Further Resources

• Explore episodes and webinars for comprehensive coverage and legal judgments.