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Defense against Fraudulent Encroachment Claim & Application to Vacate


24-Mar-2026 (In Civil Law)
"The Defendant has been in settled, open, and continuous possession of a 50x60 ft. amalgamated plot (Sites 19 & 20) for 37 years (since 1989). The property is uniquely identified by PID No. 100-399-19 with a government-recognized area of 278.709 Sq. Mtrs, confirming the physical dimensions on the ground. The Plaintiff is a speculative litigator who has manufactured a 'Paper Title' in 2023 for the adja
Answers (1)

Answer #1
865 votes
Key Legal Arguments for the Defendant According to the Limitation Act, 1963, specifically Article 65, the following points strengthen the defendant's case: Statutory Period: For private property, the limitation period for an owner to recover possession is 12 years. Since the defendant has been in possession for 37 years (since 1989), they have far exceeded this statutory requirement. Extinguishment of Title: Under Section 27 of the Limitation Act, if a rightful owner fails to take legal action to recover their property within the limitation period, their own right to the property is extinguished
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