Ravinder Kaur Grewal v Manjit Kaur (2019)

CPC & Limitation Act · Adverse Possession, Extinguishment of Right (s.27) & Distinction from Estoppel

Facts.

A person who had perfected title through long adverse possession sought to sue to protect that possession, raising the question whether adverse possession can found a claim or only a defence.

Issue.

Can a person who has acquired title by adverse possession use it as a plaintiff (a sword), or only defensively (a shield)?

Held.

A person whose title has ripened by adverse possession over the statutory period may sue to protect that possession; adverse possession can be used as a sword, not merely a shield, and s.27 vests a good title in the possessor.

Why it matters.

The leading recent authority confirming that adverse possession under s.27 confers a positive, enforceable title (Topic 7).

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