The doctrine of adverse possession is defined under article 65 of the Limitation Act which specifies the time period of 12 years up to which a claim of title over the immovable property is applicable. But the count of 12 years starts when the possession of the defendant becomes adverse to the plaintiff. For instance, A who is the owner of the land gives his property for maintenance to B, and after 12 years if he comes back to reclaim the property, the court will not entertain his suit in his favor.
The Supreme Court of India observed in Karnataka Board of Wakt vs. Government of India [i] case that, “in the eye of the law, an owner would be deemed to be in possession of a property as long there is no intrusion.” Thus, under section 27 and section 65 of the Limitation Act, the right of the original owner of the land extinguishes if he does not interfere within the specified time limit.
However, the time limit differs when the property is a private property, then the suit against adverse property can be filed within 12 years under Article 65 of schedule 1 and when property is owned by government then under Article 112 of schedule 1 of the Limitation Act the limit of filing suit against adverse property is within 30 years.