#481

Limitation Act is one of the important laws which prescribes the limitation period
in which the things should have been done. Object of law of limitation is to make people
sensible about their right to claim interest in the property within stipulated and prescribed
period. One should not sleep over his right for years together. If Law does not fix time
limit for claiming rights or interest in property then there may be a chaos.
The maxim that law and equality does not help those who sleep over their rights is
invoked in support of prescription of title by adverse possession. In other words, the
original title holder who neglected to enforce his right over the land cannot be permitted
to re-enter the land after a long passage of time. A situation lasting for a long period
creates certain expectations and it would be unjust to disappoint those who trust on them.
The concept of adverse possession contemplates a hostile possession i.e. The
possession which is expressly or impliedly in denial of the title of the true owner to the
knowledge of the true owner and claiming the title as an owner in himself by the person
claiming to be in adverse possession. In other words such hostile possession shall not be
secret and person in adverse possession must not acknowledge the title of the true owner
but has to deny the title of the true owner. The adverse possession must be capable of
being known by the parties interested in the property, though it is not necessary that there
should be evidence of the adverse possessor actually informing the real owner of the
former's hostile action.
CONCEPT OF ADVERSE POSSESSION:
Section 3 of the Limitation Act says that Court will not take cognizance of any
suit, which is barred by limitation even if issue of limitation is not taken as a defence.
Thus, the law of limitation bars remedy but not the right. But section 27 of Limitation Act
is an exception to the general principle of law of limitation and origin of concept of
Adverse possession. It reads as, if a person fails to file suit for recovery of possession,
within a period of limitation, his right to recover the possession of that property also
extinguishes. If such situation occurs, a true owner extinguishes his ownership over the
property. But at the same time property can not left owner less. It must be in name of any Limitation Act is one of the important laws which prescribes the limitation period
in which the things should have been done. Object of law of limitation is to make people
sensible about their right to claim interest in the property within stipulated and prescribed
period. One should not sleep over his right for years together. If Law does not fix time
limit for claiming rights or interest in property then there may be a chaos.
The maxim that law and equality does not help those who sleep over their rights is
invoked in support of prescription of title by adverse possession. In other words, the
original title holder who neglected to enforce his right over the land cannot be permitted
to re-enter the land after a long passage of time. A situation lasting for a long period
creates certain expectations and it would be unjust to disappoint those who trust on them.
The concept of adverse possession contemplates a hostile possession i.e. The
possession which is expressly or impliedly in denial of the title of the true owner to the
knowledge of the true owner and claiming the title as an owner in himself by the person
claiming to be in adverse possession. In other words such hostile possession shall not be
secret and person in adverse possession must not acknowledge the title of the true owner
but has to deny the title of the true owner. The adverse possession must be capable of
being known by the parties interested in the property, though it is not necessary that there
should be evidence of the adverse possessor actually informing the real owner of the
former's hostile action.
CONCEPT OF ADVERSE POSSESSION:
Section 3 of the Limitation Act says that Court will not take cognizance of any
suit, which is barred by limitation even if issue of limitation is not taken as a defence.
Thus, the law of limitation bars remedy but not the right. But section 27 of Limitation Act
is an exception to the general principle of law of limitation and origin of concept of
Adverse possession. It reads as, if a person fails to file suit for recovery of possession,
within a period of limitation, his right to recover the possession of that property also
extinguishes. If such situation occurs, a true owner extinguishes his ownership over the
property. But at the same time property can not left owner less. It must be in name of any