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Plea Of Adverse Possession – A Shield As Well As A Sword, Clarifies Supreme Court

Submitted by indigoadmin on Mon, 12/09/2019 - 16:29

The Supreme Court, in its recent decision in Ravinder Kaur Grewal & Ors. v. Manjit Kaur & Ors[1]., has clarified that a person claiming title by virtue of adverse possession can maintain a suit for declaration of title. The question for consideration before the Court was 'whether Article 65 of the Limitation Act, 1963 ('the Act') only enables a person to set up a plea of adverse possession as a shield and such a plea cannot be used as a sword by a plaintiff to protect the possession of the immovable property or recover it in case of dispossession?' 

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