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case_law:possessory_declaration_14362422020

Possessory Declaration : Case Laws

  • 1969 KHC 281 Possession – Possessory title is good title as against everybody other than the lawful owner – Person having a possessory title can get a declaration that he was the owner of the land in suit and an injunction restraining the defendant from interfering with his possession – Possession of the plaintiff is a sufficient evidence of title as owner against the defendant.
  • 1969 KHC 599 Specific Relief Act, 1963 – S.9 – Possession – Action for ejectment against trespasser – S.9 is no way inconsistent with the position that as against a wrong doer, prior possession of the plaintiff, in an action of ejectment, is sufficient title – A person having possessory title can get a declaration that he was the owner of the land in suit and an injunction restraining the defendant from interfering with his possession – Prior possession of plaintiff is sufficient title notwithstanding that suit is brought more than six months after dispossession
  • 2011 KHC 2448 Himachal Pradesh High Court Specific Relief Act, 1963 – S.6 – Suit for possession by trespasser – A person who is a trespasser on the land and is evicted from the said land by any person other than the true owner the trespasser has a right to file a suit and claim a decree for possession and possessory title alone and he need not prove his ownership – His possessory rights holds good against all but the true owner
  • 2018 KHC 2158 Orissa High Court Specific Relief Act, 1963 – S.34 – Limitation Act, 1963, Art.64 – Suit for declaration of title – There is no pleading that the plaintiff is in possession of the suit land for more than 30 years peacefully, continuously and with hostile animus to the defendants 1 and 2 – The date of entry into the suit land has not been mentioned – Mere possession of the suit land for long time is not suffice to hold that the plaintiffs had perfected title by way of adverse possession, unless the classical requirements of adverse possession nec vi, nec clam, nec precario are pleaded and proved – Relief of declaration of title, cannot be granted
  • 2018 KHC 3630 Orissa High Court Specific Relief Act, 1963 – S.34, S.38 – Suit for declaration of right, title and interest – Relief of correction of suit plots and permanent injunction – Issue of adverse possession not raised by plaintiff – The date of entry into the suit land has not been mentioned – The element on hostile animus is absent in the pleading – On an anatomy of the pleadings and evidence, learned Appellate Court negatived the plea of adverse possession – Declaratory relief, cannot be granted
  • 2017 KHC 4643 Himachal Pradesh High Court Specific Relief Act, 1963 – S.34 – Limitation Act, 1963, Art.64 – Suit for declaration of title and possession – Plea of adverse possession – Mere length and duration of possession of plaintiff per se, not sufficient to prove adverse possession – Plaintiff not specifically pleading name of 'true owner' against whom adverse possession claimed – Plea of adverse possession available for espousal only to defendant and not to plaintiff – Plaintiff not entitled for declaration of title


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Created on 2020/10/19 23:12 by • Last modified on 2020/11/07 18:32 (external edit)