Outer limitation for suit for possession based on title is not lost merely because relief of declaration is also sought.

The Supreme Court has held that merely because relief of declaration is also sought in a suit for possession, the outer limitation of 12 years is not

The above reasoning was pronounced by the Constitutional bench in the matter of Sopanrao & Anr vs. Syed Mehmood & Ors. (Civil Appeal No. 4478/2007), decided on 03.07.2019.

Issues

In this case, the plaintiffs were held entitled to a decree for possession of the suit land. The objection of the defendants was that the limitation for the suit is three years as the suit is one for declaration, and thus was filed out of limitation. Though Trial Court accepted this contention, the First Appellate Court and the High Court decreed the suit.

Held

The Hon’ble Court observed and delivered that the limitation for filing a suit for possession based on title is 12 years and, therefore, the suit is within limitation. Merely because one of the reliefs sought is of declaration that will not mean that the outer limitation of 12 years is lost.

The Court concluded by observing that in a suit filed for possession based on title the plaintiff is bound to prove his title and pray for a declaration that he is the owner of the suit land because his suit on the basis of title cannot succeed unless he is held to have some title over the land. However, the main relief is of possession and, therefore, the suit will be governed by Article 65of the Limitation Act, 1963. This Article deals with a suit for possession of immovable property or any interest therein based on title and the limitation is 12 years from the date when possession of the land becomes adverse to the plaintiff. In the instant case, even if the case of the defendants is taken at the highest, the possession of the defendants became adverse to the plaintiffs only when possession was handed over to the defendants.