Ravinder Kaur Grewal v. Manjit Kaur

Facts

The dispute concerned ownership of property where the appellants claimed to have perfected title by long, open and hostile possession. A question arose whether such a person, having extinguished the true owner's title under Section 27, could himself file a suit founded on adverse possession. Conflicting earlier views (notably Gurudwara Sahib v. Gram Panchayat) had held adverse possession could only be pleaded as a defence. The matter was referred to a three-Judge Bench to settle the law.

Issues

• Whether a plea of adverse possession can be used only as a defence (shield) or also as the basis of a suit (sword) to claim title and recover possession.
• What is the nature of the right acquired by a person who has perfected title by adverse possession once the true owner's title is extinguished under Section 27.

Arguments

The appellants argued that on completion of the limitation period the true owner's title is extinguished under Section 27 and a corresponding title vests in the adverse possessor, who must therefore be able to enforce it offensively. The respondents relied on the line of authority holding that adverse possession is purely defensive and cannot found a plaintiff's suit.

Held

The Court held that once a person perfects title by adverse possession over the statutory period, the true owner's title is extinguished under Section 27 and a fresh title vests in the adverse possessor. Such a title is a substantive right, not merely a defensive plea, so the holder can sue for declaration of title and, if subsequently dispossessed, recover possession within the limitation period. The Court overruled Gurudwara Sahib v. Gram Panchayat and similar decisions holding that adverse possession can only be a shield. Articles 64 and 65 do not bar a plaintiff from suing on the strength of his own adverse possession.

Ratio decidendi

Title perfected by adverse possession is a substantive right under Articles 64/65 read with Section 27; the holder may use it both as a shield and as a sword, including suing for declaration of title and for recovery of possession if dispossessed.

Significance

Landmark decision settling a long-standing conflict by holding adverse possession can found a plaintiff's suit; it overruled the contrary 'shield only' line of authority and is the leading current statement of the law on the offensive use of adverse possession.

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