Limitation for suit for Possession based on Title is not Lost merely because Relief of Declaration is also Sought


Supreme Court has held that in a suit filed for possession and declaration that he is the owner of
the suit land based on title cannot succeed unless he is held to have some title over
the land. The main relief is of possession and, therefore, the suit will be governed
by Article 65 of the Limitation Act, 1963 which 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  Sopanrao & Anr vs. Syed Mehmood &  Ors. (Civil Appeal No. 4478/2007), decided on 03.07.2019

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