The Law Commission, headed by former Chief Justice of Karnataka High Court Ritu Raj Awasthi and comprising retired Kerala High Court judge KT Sankaran, said in its 280th report that there is no reason for increasing the period of limitation.
THE CONCEPT OF ADVERSE POSSESSION
The concept of adverse possession derives from the idea that land should not be left vacant but should instead be used wisely. Adverse possession, in essence, refers to hostile possession of property that must be “continuous, uninterrupted, and peaceful.
vigilantibus non dormientibus jura subveniunt
That means “that the law will not help those who sleep on their rights”. This concludes that 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 a situation occurs, a true owner extinguishes his ownership over the property.
THE LIMITATION ACT, 1963Under the Limitation Act, 1963, any person in possession of private land for over 12 years or government land for over 30 years can become the owner of that property.
This concludes that 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 a situation occurs, a true owner extinguishes his ownership over the property.
Article 65, The Limitation Act, 1963
According to Article 65 of Schedule, I of the 1963 Act, a person in adverse possession of immovable property acquires title to that property. However, the possession must be
3) in defiance of the title of the real owner for twelve years.
- Article 64 states that any person in possession of private land for over 12 years.
- Article 112, which applies to government property, mandates a requirement of 30 years.
- Article 111 says that the limitation period for the State will be 30 years from the date of dispossession for land belonging to a private person.
Karnataka Board of Wakf v Government of India (2004)
Supreme Court made the following observation: A person who claims adverse possession should show:
- on what date he came into possession,
- what was the nature of his possession,
- whether the factum of possession was known to the other party,
- how long his possession has continued, and
- his possession was open and undisturbed.”
Kshitish Chandra Bose vs. Commissioner(1981)
the Supreme court delineated the requirements of openness and continuity.
OWNERSHIP AGAINST THE TRUE OWNER
Adverse possession is one of the methods for acquiring title to real property by possession for a statutory period under certain conditions.
As per Articles 6 and 65 of the Limitation Act, the prescribed period is
12 years and the prescribed period in the case of the Government is 30 years.