FIRST LAW

SUPREME COURT OF INDIA |  Arun Mishra , S. Abdul Nazeer & M.R. Shah C.A. No.7764 of 2014 with S.L.P. (C) Nos. 8332 - ­8333 of 2014 Radhakrishna Reddy (d) Through Lrs. v. G. Ayyavoo & Ors. August 07, 2019 Limitation Act, 1963 - Article 65 - Adverse Possession - Plea of acquisition of title by adverse possession can be taken by plaintiff under Article 65 of the Limitation Act and there is no bar under the Limitation Act, 1963 to sue on aforesaid basis in case of infringement of any rights of a plaintiff. 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. In our opinion, consequence is that once the right, title or interest is acquired it can be used as a sword by the plaintiff as well...

1. Annasaheb Bapusaheb Patil v. Balwant @ Balasaheb Babusaheb Patil (dead) by Lrs, (1995) 2 SCC 543

A dverse Possession -  there is no legal hurdle for a plaintiff to set up title to an immovable property and in the alternative, a prescriptive title acquired by adverse possession and limitation for claiming any relief in respect of the property.