ARUN MISHRA, VINEET SARAN
Krishnamurthy S. Setlur (D) Through Lrs. – Appellant
Versus
O. V. Narasimha Setty (D) By Lrs. – Respondent
ORDER :
1. The instant appeals involve a preliminary issue as to whether plaintiff can take the plea of adverse possession in view of the interpretation of Article 65 of the Limitation Act, 1963. A Three-Judge Bench of this Court in Ravinder Kaur Grewal & Ors. v. Manjit Kaur & Ors. (Civil Appeal No.7764 of 2014) has decided the similar issue on 7th August, 2019, by holding as under:
“56. Possession is the root of title and is right like the property. As ownership is also of different kinds of viz. sole ownership, contingent ownership, corporeal ownership, and legal equitable ownership. Limited ownership or limited right to property may be enjoyed by a holder. What can be prescribable against is limited to the rights of the holder. Possession confers enforceable right under Section 6 of the Specific Relief Act. It has to be looked into what kind of possession is enjoyed viz. de facto i.e., actual, ‘de jure possession’, constructive possession, concurrent possession over a small portion of the property. In case the owner is in symbolic possession, there is no dispossession, there can be formal, exclusive or joint possession. The joint possessor/coowner possession is not presumed to be
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