In Brief
Lessors sought possession of leased land from a tenant whose lease had expired by efflux of time on 23 September 1974. The tenant did not pay rent and refused to vacate. The High Court dismissed the suit as barred by limitation, relying on a 1961 finding from a Land Acquisition Court that the lease had terminated. The Supreme Court held that Article 67 of the Limitation Act applies to suits for possession after termination of tenancy, with a 12-year period commencing from the lease expiry date. The earlier court's finding was res judicata only on the compensation question, not on possession rights. The 1981 suit was within the limitation period. The tenant, being a tenant at sufferance, could not establish adverse possession without first surrendering the property. The Court allowed the appeal and decreed the suit."
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