According to the Supreme Court ruling, if the real or legitimate owners are not able to take steps within the deadline to get their immovable property back from the possession of the other, then their ownership will cease and the immovable property which they have occupied will be the same. Will be legally given ownership. However, the Supreme Court in its decision also made it clear that encroachment on government land will not be kept in this ambit. That is, illegal occupation of government land can never get legal recognition.
Bench of three judges explained the law
Under the Limitation Act 1963, the statutory period of limitation (delimitation) on private real estate is 12 years, while in the case of government immovable property, it is 30 years. This period begins on the day of occupation. A bench of Supreme Court judges Justice Arun Mishra, Justice S Abdul Nazir and Justice MR Shah, while interpreting the provisions of the law, held that the law rests with the person who has occupied the immovable property for more than 12 years. If after 12 years he is removed from there, then he has the right to go to the shelter of law to regain possession of the property.
What did the Supreme Court say?
The bench said, “Our verdict is that no other person can take away the property which is in possession without due legal process.” If someone has been illegally occupied for 12 years, the legal owner will also not have the right to remove it. In such a situation, only the illegal occupier will get legal rights and ownership. In our view, the result will be that once the right, title or interest is obtained, the plaintiff can use it as a sword within the scope of Article 65 of the law, whereas for the defendant it There will be a protective shield. If a person has also converted illegal possession into legal possession under the law, then he can take help of the law if forcibly removed.
Property will go out of hand after 12 years
It has been clarified in the judgment that if someone continued to hold illegal possession for 12 years and after that he obtained the ownership under the law, then the real owner also cannot be removed. If he is forcibly removed from possession, he can also file a case against the real owner and claim him back because the original owner has lost his ownership after 12 years.
The statutory period of limitation (delimitation) on private real estate under the Limitation Act 1963 is 12 years while in the case of government immovable property, 30 years. This period begins on the day of occupation.
