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
interestpossessedbytheoutgoing
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
aplaintiffbyadversepossession.
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.”
