How to justify the case?

Querist : Anonymous (Querist) 19 January 2010 This query is : Resolved
“A” and “B” are parties to a suit for specific performance of an Agreement. While pending the case, both of them have entered into a compromise and acoordingly “B” has handed over the lands to “A”. But “A” did not get registration of the said lands on his name. After passing the decree, “A” did not approach court for registration of the sale deed. Now the limitation period of 12 years have lapsed. I want to clarify at this movement:-

1) What “A” can do.
2) What “B” can do.

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R.R. KRISHNAA (Expert) 19 January 2010
Since admittedly B has handed over the land to A and more than 12 years have passed by, A becomes owner by virtue of law of adverse possession. It further gets confirmed by the own act of B in handing over the land in favour A and in this case adverse possession is deemed to accrued in favour of A.

Now A can file a suit before the court stating that he has become the owner of the property by virtue of adverse possession and pray for declaration of title over the property.

B can take a defence that A there is no registration of document in favour of A as A has waived his right over the property by not seeking any registration for more than the limitation period of 12 years and A looses his rights by his act of waiver.

Guest (Expert) 19 January 2010
Thanks for the valuable piece of information Mr.Krishnaa

Querist : Anonymous (Querist) 19 January 2010
Respected Krishnaa garu,
Thanks for your immediate reply. In this i am agree with you in respect of 2nd para of your reply. But i want to some more clarification from you.
In this "B" by his own willing has given the lands to "A" and admitted the same before the court, but it is not the discrition of "B" through which "A" is going to take/receive the same. If once a person has given some thing to some body,then he has no right to take back and thus is there any procedure to take back the same, legally. And how he is entitled to get back.
In case, if "A" takes the above said plea, what will be next step of "B". Such a stand of "A" is legally valid or not.

R.R. KRISHNAA (Expert) 19 January 2010
Mr. Anonymous, If A says he will not give the property (as stated by you) B's stand may be as below:-

The Doctrine of Restitution contemplates that where the property has been received by a party in pursuance of a decree or order in his favour, which decree or order is subsequently reversed or varied or becomes invalid due to operation of law/limitation, the law raises an obligation on the party who received the benefit of the erroneous judgment or order to make restitution to the other party for what he had lost. It is the duty of the courts to enforce this obligation unless such restitution would be clearly contrary to the real justice of the case.

B is entitled for restitution as A has already lost his right to seek registration being barred by limitation.

Querist : Anonymous (Querist) 19 January 2010
Now I am ok and agreed with you. If you dont mine, can you have apex court finding against this type of case. If possible plz.refer me at least one citation.