#481 - Example of Adverse Possession

Limitation Act is one of the important laws which prescribes the limitation period in which the things should have been done. Object of law of limitation is to make people sensible about their right to claim interest in the property within stipulated and prescribed period. One should not sleep over his right for years together. If Law does not fix time limit for claiming rights or interest in property then there may be a chaos. The maxim that law and equality does not help those who sleep over their rights is invoked in support of prescription of title by adverse possession. In other words, the original title holder who neglected to enforce his right over the land cannot be permitted to re-enter the land after a long passage of time. A situation lasting for a long period creates certain expectations and it would be unjust to disappoint those who trust on them. The concept of adverse possession contemplates a hostile possession i.e. The possession which is expressly or impliedly in denial of the title of the true owner to the knowledge of the true owner and claiming the title as an owner in himself by the person claiming to be in adverse possession. In other words such hostile possession shall not be secret and person in adverse possession must not acknowledge the title of the true owner but has to deny the title of the true owner. The adverse possession must be capable of being known by the parties interested in the property, though it is not necessary that there should be evidence of the adverse possessor actually informing the real owner of the former's hostile action. CONCEPT OF ADVERSE POSSESSION: Section 3 of the Limitation Act says that Court will not take cognizance of any suit, which is barred by limitation even if issue of limitation is not taken as a defence. Thus, the law of limitation bars remedy but not the right. But section 27 of Limitation Act is an exception to the general principle of law of limitation and origin of concept of Adverse possession. It reads as, if a person fails to file suit for recovery of possession, within a period of limitation, his right to recover the possession of that property also extinguishes. If such situation occurs, a true owner extinguishes his ownership over the property. But at the same time property can not left owner less. It must be in name of any Limitation Act is one of the important laws which prescribes the limitation period in which the things should have been done. Object of law of limitation is to make people sensible about their right to claim interest in the property within stipulated and prescribed period. One should not sleep over his right for years together. If Law does not fix time limit for claiming rights or interest in property then there may be a chaos. The maxim that law and equality does not help those who sleep over their rights is invoked in support of prescription of title by adverse possession. In other words, the original title holder who neglected to enforce his right over the land cannot be permitted to re-enter the land after a long passage of time. A situation lasting for a long period creates certain expectations and it would be unjust to disappoint those who trust on them. The concept of adverse possession contemplates a hostile possession i.e. The possession which is expressly or impliedly in denial of the title of the true owner to the knowledge of the true owner and claiming the title as an owner in himself by the person claiming to be in adverse possession. In other words such hostile possession shall not be secret and person in adverse possession must not acknowledge the title of the true owner but has to deny the title of the true owner. The adverse possession must be capable of being known by the parties interested in the property, though it is not necessary that there should be evidence of the adverse possessor actually informing the real owner of the former's hostile action. CONCEPT OF ADVERSE POSSESSION: Section 3 of the Limitation Act says that Court will not take cognizance of any suit, which is barred by limitation even if issue of limitation is not taken as a defence. Thus, the law of limitation bars remedy but not the right. But section 27 of Limitation Act is an exception to the general principle of law of limitation and origin of concept of Adverse possession. It reads as, if a person fails to file suit for recovery of possession, within a period of limitation, his right to recover the possession of that property also extinguishes. If such situation occurs, a true owner extinguishes his ownership over the property. But at the same time property can not left owner less. It must be in name of any