Limitation For Adverse Possession Starts From When Possession Becomes Adverse, Not From When Plaintiff Got Ownership : Supreme Court

The Supreme Court ruled that the limitation period for adverse possession starts from when the defendant’s possession becomes adverse, not from when the plaintiff acquires ownership. The case involved a dispute where the defendant claimed adverse possession over the plaintiff’s property from the date the plaintiff became the owner. The Court emphasized that the defendant must prove continuous and open possession adverse to the true owner for the prescriptive period. The Court referred to previous judgments, including Saroop Singh v. Banto, to clarify that the starting point of limitation is when the possession becomes adverse. The Court also noted that possession by a lessee cannot be considered adverse as it is permissive in nature. This ruling reinforces the principles governing adverse possession and the importance of establishing the exact date when possession becomes adverse.