Case Note & Summary
The appellant, M/s. Asian Builders and Contractors, filed a suit for possession based on title against the respondents in the Bombay City Civil Court. The suit was dismissed as barred by limitation under Article 65 of the Limitation Act, 1963. The appellant appealed. The High Court considered the facts: the appellant claimed title to the property, but the suit was filed in 2006, and the appellant had filed earlier suits in 1992 and 1996. The court noted that under Article 65, the plaintiff must prove possession within 12 years prior to the suit. The appellant argued that the earlier suits interrupted limitation, but the court held that filing earlier suits does not extend limitation. The court found that the appellant failed to prove possession within 12 years before 2006. The appeal was dismissed, affirming the trial court's decision.
Headnote
A) Limitation Act - Suit for Possession Based on Title - Article 65 - Burden of Proof - The plaintiff must prove possession within 12 years prior to the suit; mere filing of earlier suits does not extend limitation. The court held that the plaintiff failed to discharge this burden, and the suit was barred by limitation. (Paras 1-10)
B) Limitation Act - Earlier Suits - Effect on Limitation - Filing of earlier suits does not extend the period of limitation under Article 65. The court held that the plaintiff cannot rely on earlier suits to claim possession within limitation. (Paras 5-10)
Issue of Consideration
Whether the suit for possession based on title was barred by limitation under Article 65 of the Limitation Act, 1963, and whether the filing of earlier suits could extend the period of limitation.
Final Decision
Appeal dismissed. The judgment and decree of the trial court dated 29th September, 2010 dismissing the suit as barred by limitation is upheld.
Law Points
- Limitation Act
- 1963
- Article 65
- Suit for possession based on title
- Burden of proof on plaintiff to prove possession within 12 years
- Earlier suits not extending limitation
- Adverse possession
Case Details
2025 LawText (BOM) (11) 364
First Appeal No.1776 of 2010 with Civil Application No.2291 of 2012
Mr. Aseem Naphade a/w Mr. Gargi Bhagwat i/b M/s. Divekar Bhagwat and Co., Advocate for the Appellant. None for the Respondents.
M/s. Asian Builders and Contractors
Milind Narsing Swami and Anr.
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Nature of Litigation
Civil suit for possession based on title
Remedy Sought
Appellant sought possession of property based on title
Filing Reason
Appellant claimed title to property and sought possession from respondents
Previous Decisions
Trial court dismissed suit as barred by limitation under Article 65 of Limitation Act, 1963
Issues
Whether the suit for possession based on title was barred by limitation under Article 65 of the Limitation Act, 1963.
Whether the filing of earlier suits could extend the period of limitation.
Submissions/Arguments
Appellant argued that earlier suits interrupted limitation and that they were in possession within 12 years.
Respondents did not appear.
Ratio Decidendi
Under Article 65 of the Limitation Act, 1963, the plaintiff must prove possession within 12 years prior to the suit. Filing of earlier suits does not extend the period of limitation. The appellant failed to prove possession within limitation, hence the suit is barred.
Judgment Excerpts
The present Appeal is filed against the Judgement and Decree dated 29th September, 2010 passed by the Bombay City Civil Court in L.C. Suit No.1561 of 2006 whereby the Appellant’s suit was dismissed as being barred by limitation under Article 65 of the Limitation Act, 1963.
Procedural History
The appellant filed L.C. Suit No.1561 of 2006 in Bombay City Civil Court for possession based on title. The suit was dismissed on 29th September, 2010 as barred by limitation under Article 65 of the Limitation Act, 1963. The appellant filed First Appeal No.1776 of 2010 in the High Court of Judicature at Bombay against the dismissal.
Acts & Sections
- Limitation Act, 1963: Article 65
