“62. We hold that a person in possession cannot be
ousted by another person except by due procedure of
law and once 12 years’ period of adverse possession is
over, even owner’s right to eject him is lost and the
possessory owner acquires right, title and interest
possessed by the outgoing person/owner as the case
may be against whom he has prescribed. In our
opinion, consequence is that once the right, title or
interest is acquired it can be used as a sword by the
plaintiff as well as a shield by the defendant within ken
of Article 65 of the Act and any person who has
perfected title by way of adverse possession, can file a
suit for restoration of possession in case of
dispossession. In case of dispossession by another
person by taking law in his hand a possessory suit can
be maintained under Article 64, even before the
ripening of title by way of adverse possession. By
perfection of title on extinguishment of the owner’s
title, a person cannot be remediless. In case he has
been dispossessed by the owner after having lost the
right by adverse possession, he can be evicted by the
plaintiff by taking the plea of adverse possession.
Similarly, any other person who might have
dispossessed the plaintiff having perfected title by way
of adverse possession can also be evicted until and
unless such other person has perfected title against
such a plaintiff by adverse possession. Similarly, under
other articles also in case of infringement of any of his
rights, a plaintiff who has perfected the title by adverse
possession, can sue and maintain a suit.”
