ORDER :

1. Leave granted.

2. The High Court has non-suited the appellant who was the plaintiff in the trial Court on the ground that the plea of adverse possession cannot be used as a sword by the plaintiff and has relied upon the judgment of this Court in Gurudwara Sahib versus Gram Panchayat Village Sirthala reported in 2014 (1) SCC 669. This judgment has been specifically overruled by a three-Judgment Bench of this Court in Ravinder Kaur Grewal versus Manjit Kaur reported in 2019 (10) SCALE 473, wherein it has been held as under :

“59. We hold that a person in possession cannot be ousted by another person except by due procedure of law and once 12 years' period of adverse possession is over, even owner's right to eject him is lost and the possessory owner acquires right, title and interest possessed by the outgoing person/owner as the case may be against whom he has prescribed. In our opinion, consequence is that once the right, title or interest is acquired it can be used as a sword by the plaintiff as well as a shield by the defendant within ken of Article 65 of the Act and any person who has perfected title by way of adverse possession, can file a suit for restoration of possess