Adverse Possession and Section 27: Extinction of Title

Ordinarily, limitation bars only the remedy. Section 27 of the Limitation Act is the great exception: when the period for a suit for possession expires, the owner's right to the property itself is extinguished. Combined with Article 65, this produces the doctrine of adverse possession, under which a person who holds land openly and hostilely for twelve years acquires title. The doctrine is old, much criticised and strictly applied. This note covers section 27, Articles 64 and 65, the requisites of adverse possession, and the leading cases.

1. Section 27

Figure 1: From adverse possession to extinction of title

• Text, s.27. At the determination of the period limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished.
• Substantive rule. Section 27 does not merely bar the suit; it destroys the right. The adverse possessor's title, which was until then good against everyone except the owner, becomes good against the owner too.
• Any property. The section speaks of any property, but it arises mainly in suits for immovable property under Articles 64 and 65.
• Government. Under Article 112, suits by the Government have thirty years, so adverse possession against the State requires thirty years.

2. Articles 64 and 65

Figure 2: Possessory suit and suit on title

• Article 64. A suit for possession based on previous possession, not title, by a plaintiff dispossessed while in possession: 12 years from the date of dispossession. This is distinct from the summary remedy under s.6 of the Specific Relief Act, which must be brought within six months.
• Article 65. A suit for possession of immovable property or any interest in it based on title: 12 years from when the defendant's possession becomes adverse to the plaintiff.
• Shift of burden. Under the 1908 Act, a plaintiff suing on title often had to prove possession within twelve years. Under Article 65, the plaintiff need only prove title; the defendant must prove adverse possession for the full period.
• Explanation to Article 65. (a) Against a remainderman, reversioner (other than a landlord) or devisee, possession becomes adverse only when his estate falls into possession; (b) for a Hindu or Muslim entitled on the death of a Hindu or Muslim female, only when the female dies; (c) an execution purchaser of a judgment-debtor out of possession is treated as his representative.

3. Requisites of Adverse Possession

Figure 3: What the possessor must prove

• Permissive possession. Possession that begins with permission, as of a tenant, licensee, mortgagee or agent, is not adverse until there is an open assertion of hostile title known to the owner.
• Co-owners. Possession of one co-owner is possession of all. A co-owner can claim adverse possession only on proof of ouster of the others, with their knowledge.
• Tacking. Successive periods of adverse possession may be added where the possessors are in privity, such as by inheritance or transfer; an independent trespasser who ousts the first cannot tack.
• Interruption. Time stops running only when the owner takes effective steps, such as filing a suit or regaining possession; a mere notice or protest does not suffice.

4. Leading Cases

Figure 4: The doctrine in the Supreme Court

• Hemaji Waghaji Jat v Bhikhabhai Khengarbhai Harijan (2009). The Court described the law of adverse possession as irrational and harsh on the true owner, and recommended that Parliament reconsider it.
• Ravinder Kaur Grewal v Manjit Kaur (2019). A three-judge bench held that once title is perfected by adverse possession, the possessor may sue to protect it, including for a declaration or injunction; adverse possession is a sword as well as a shield. It overruled Gurdwara Sahib v Gram Panchayat Sirthala (2014)

5. Frequently Asked Questions

Can a person who has acquired title by adverse possession file a suit?

Yes. In Ravinder Kaur Grewal v Manjit Kaur (2019), a three-judge bench held that once the period expires and title is perfected under s.27, the possessor may sue for a declaration of title, an injunction or recovery of possession if dispossessed, overruling the contrary view in Gurdwara Sahib (2014).

Can a tenant claim adverse possession against the landlord?

Not while he holds as tenant, because his possession is permissive. Possession becomes adverse only from a clear, open assertion of hostile title brought to the landlord's knowledge, and twelve years must run from then.

What is the period for adverse possession against Government land?

Thirty years. Article 112 gives suits by or on behalf of the Central or a State Government thirty years, so a person claiming adverse possession against the Government must prove hostile possession for thirty years before the State's right is extinguished under s.27.

Can one co-owner acquire title against the others by adverse possession?

Only on proof of ouster. Possession by one co-owner is in law possession on behalf of all, so he must show that he openly excluded the others with their knowledge and held adversely to them for the full period.

6. Related Topics

• Topic 1: Nature, Object and Scheme of the Act. Remedy barred, right not extinguished.
• Topic 30: Starting Point of Limitation under the Schedule. When possession becomes adverse.