Outer limitation for suit for possession based on title is not lost merely because relief of declaration is also sought.

The Constitutional bench of the Supreme Court in the matter of Sopanrao & Anr
vs. Syed Mehmood &  Ors. (Civil Appeal No. 4478/2007), decided on 03.07.2019
has held that in a suit filed for possession and declaration that he is the owner of
the suit land based on title cannot succeed unless he is held to have some title over
the land. The main relief is of possession and, therefore, the suit will be governed
by Article 65 of the Limitation Act, 1963 which deals with a suit for possession of
immovable property or any interest therein based on title and the limitation is 12
years from the date when possession of the land becomes adverse to the plaintiff.

Issues
In this case, the plaintiffs were held entitled to a decree for possession of the suit
land. The objection of the defendants was that the limitation for the suit is three
years as the suit is one for declaration, and thus was filed out of limitation. Though
Trial Court accepted this contention, the First Appellate Court and the High Court
decreed the suit.

Held
The Hon’ble Court observed and delivered that the limitation for filing a suit for
possession based on title is 12 years and, therefore, the suit is within limitation.
Merely because one of the reliefs sought is of declaration that will not mean that
the outer limitation of 12 years is lost.
The Court concluded by observing that in a suit filed for possession based on title
the plaintiff is bound to prove his title and pray for a declaration that he is the
owner of the suit land because his suit on the basis of title cannot succeed unless he
is held to have some title over the land. However, the main relief is of possession
and, therefore, the suit will be governed by Article 65of the Limitation Act, 1963.
This Article deals with a suit for possession of immovable property or any interest

therein based on title and the limitation is 12 years from the date when possession
of the land becomes adverse to the plaintiff. In the instant case, even if the case of
the defendants is taken at the highest, the possession of the defendants became
adverse to the plaintiffs only when possession was handed over to the defendants.