The apex court said that no person can take
possession of another’s property illegally. If someone takes possession of such
property in someone else’s property, then the sufferer can forcefully make that
property vacant. However, it is important that you own the property and it is
your name, which means that you have the title of that property.
In the Poona Ram vs. Moti Ram case, the Supreme Court said that if you have the title of the property, then you can force them to free yourself from the property even after 12 years. There is no need to file a lawsuit for this. Yes, if you do not own the title of the property and have been occupied for 12 years, then you have to make a case in court. The Specific Relief Act 1963 has been created for legal proceedings of such cases.
In this case, Moti Ram argued that he has occupied that land for more than 12 years. Section 64 of the Limitation Act says that if someone is occupied for more than 12 years on land, then he can not be emptied. Although the Supreme Court rejected Moti Ram’s plea for this argument. The apex court said that this law applies in cases where the land is not owned, but if the land belongs to the owner and he has the title of that land, then he can be forced to evacuate even after 12 years.