AI Overview...
- Adverse Possession Begins - The limitation period for filing a suit against permissive possession starts only when the possessor proclaims hostility or adverse possession. Initially permissive possession does not trigger limitation; it becomes adverse when the possessor asserts hostile intent (IND_HC_PHHC011309872019).
- Proof of Adverse Possession - The defendant must affirmatively prove the factum of adverse possession from a specific time; mere possession is insufficient to establish adverse possession (04200005290, 02300071186).
- Permissive vs. Adverse Possession - Possession that is permissive does not ripen into adverse possession unless hostility is proved. A plea of permissive possession is inconsistent with adverse possession; hostile intent is essential to start the limitation clock (INDMAD00000519016, 02300037682).
- Limitation Period - Under Article 65 of the Limitation Act, 1963, the limitation period for a suit for possession based on adverse possession begins from the date when adverse possession is established, not from the date of initial permissive possession (04200005290, 02300071186, 02300068856).
- Special Cases - For mortgaged properties or land reforms, the limitation period starts from the date of the mortgage or the relevant deed, not from the date of possession or other events (04200004023, 01800008423).
- Conclusion - The limitation period to file a suit against permissive possession starts only when the possessor proves adverse possession with hostile intent from a specific date. Mere permissive possession does not trigger limitation; adverse possession must be affirmatively established to commence the limitation clock (IND_HC_PHHC011309872019, 04200005290, 02300071186, 02300037682, INDMAD00000519016).
Search Results for "When the Limitation Period to File a Suit against Permissive Possession Starts"
2023 Supreme(Online)(P&H) 6790 • India - High Court of Punjab and Haryana
beginning was permissive, it will become adverse, the moment he starts proclaiming to be in hostile possession. ... of these null & void sale deeds, they perfected their title on the expiry of statutory period of limitation, as their possession ... ADVERSE POSSESSION - LIMITATION - SUIT FOR DECLARATION AND POSSESSION - SALE DEEDS - POWER OF ATTORNEY - INHERITANCE - ADVERSE
• India - Current Civil Cases
H.B.PRABHAKARA SASTRY
(A) Limitation Act, 1963—Article 65—Adverse Possession—Period of limitation for a suit for relief of possession ... limitation starts only if defendants prove factum of adverse possession affirmatively from a particular time—”Animus possidendi” ... property—Every possession is not an adverse possession—Defendants will not acquire adverse possession by simply remaining in #HL_STAR....
• India - Current Civil Cases
SANJAY KAROL
Transfer of Property Act, 1882—Section 60—Redemption of mortgage—Period of limitation—Dismissal of suit for declaration that mortgagor ... fix time for payment, it starts running from date of deed and if time is fixed when there is no stipulation regarding period of ... ’s right of redemption having come to an end due to efflux of time, plaintiff have become owners of mortgaged land— Period of limitation ... Hence, the period of limitation....
2019 0 Supreme(P&H) 1515 • India - Punjab and Haryana
AMOL RATTAN SINGH
(A) Limitation Act, 1963, Art.65--Adverse Possession--Suit for Ownership--If a person has remained in possession ... long period of time that has to be proved by a defendant who claims to have perfected his title thereto by way of adverse possession ... (Para 46) (B) Limitation Act, 1963, Art.65--Adverse Possession--Revenue Records--Plea of adverse possession ... Hence, it was held that the appellant herein had failed to prove his ....
1957 0 Supreme(P&H) 68 • India - Punjab and Haryana
A.N.BHANDARI, TEK CHAND
- When adverse possession starts - Limitation. ... statutory period. 2. ... ADVERSE POSSESSION - MORTGAGEE - LIMITATION ACT, 1963 - SECTION 28 - Adverse possession against mortgagee - Possession of tenant ... If possession is permissive and not antagonistic to the owner, it cannot ripen into title by mere possession. ... In view of these facts the learned Judge expressed the view as Harnamas #HL_S....
2025 Supreme(Online)(Mad) 58976 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Govindarajan Thilakavadi, J
despite a plea of permissive possession. ... plea of permissive possession was inconsistent with adverse possession. ... - Court found defendants failed to prove adverse possession as their initial possession was permissive and lacked hostile intent ... Article 65 pre supposes that the limitation starts only if the defendants prove the factum of adverse possession affirmatively from a particular ....
2009 0 Supreme(HP) 1146 • India - Himachal Pradesh
SANJAY KAROL
of time -The plaintiffs have become owners of the mortgaged land - Held that it cannot be said that right of the mortgager would start ... Hence, the period of limitation would start from the very date the valid mortgage is said to have been executed and hence the period of limitation of 60 years would start from the very date of oral mortgage, that would be from March 1893. ... During trial they set up a new case that the mortgagors’ possession was ....
2016 0 Supreme(P&H) 3552 • India - Punjab and Haryana
DARSHAN SINGH
Defendants asserted adverse possession and permissive possession. ... The suit filed by the plaintiff was not barred by limitation. [ISSUES] Ownership, adverse possession, limitation. ... Suit for possession on the basis of title is not barred by limitation if adverse possession is not proven. ... The limitation for such a suit is governed by Article 65 of the #....
2017 0 Supreme(UK) 196 • India - Uttarakhand
U.C.DHYANI
Zamindari Abolition and Land Reform Act, and the failure to file a suit for eviction within the specified period. ... the specified period. ... The court concluded that the respondent had perfected his rights by adverse possession, and the rights of the petitioner as bhumidhar ... The period of limitation in the case of a “permissive” possession would start running from the date of mortgagee, who is asked to delive....
2018 0 Supreme(SC) 1696 • India - Supreme Court
N.V.RAMANA, MOHAN M.SHANTANAGOUDAR
The defendants claimed adverse possession and contended that the suit was barred by limitation. ... Adverse Possession - Property Dispute - Limitation Act, 1963 - Article 65 - The court discussed the concept of adverse possession ... under Article 65 of the Limitation Act, 1963. ... But the sole contention of the contesting defendants is that they have perfected the title by adverse possession, and that the suit to claim p....
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