9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2003 (12) TMI 583 - SC - Indian LawsRestrained from interfering with the possession and enjoyment of the suit schedule property by the respondent - whether the defendant had succeeded in proving his title or not? Held that - Appeal dismissed. Even the defendant failed in proving his title over the disputed land so as to substantiate his entitlement to evict the plaintiff. The Trial Court therefore left the question of title open and proceeded to determine the suit on the basis of possession, protecting the established possession and restraining the attempted interference therewith. The Trial Court and the High Court have rightly decided the suit. It is still open to the defendant-appellant to file a suit based on his title against the plaintiff-respondent and evict the latter on the former establishing his better right to possess the property.
Issues Involved:
1. Dispute over the possession and title of the suit property. 2. Legal principles regarding possession and title. 3. Maintainability of the suit without seeking a declaration of title. Detailed Analysis: 1. Dispute over the possession and title of the suit property: The primary issue revolves around the possession and title of a piece of land situated in Arekempanahally, 36th Division. The plaintiff and the defendant both claim ownership of adjoining pieces of land, leading to a dispute over the exact boundaries and dimensions of their respective properties. The plaintiff was in possession of the disputed land and was obstructed by the defendant while raising construction. The Trial Court found that although the plaintiff failed to prove his title, he succeeded in proving his possession, which he was entitled to protect unless dispossessed by due process of law. Consequently, an injunction was issued restraining the defendant from interfering with the plaintiff's peaceful possession and enjoyment of the suit property. 2. Legal principles regarding possession and title: The judgment extensively references legal principles concerning possession and title. Salmond's Jurisprudence is cited to emphasize that possession is a vital relationship protected by law, even against the true owner in some legal systems. Indian law aligns with this jurisprudential thought, as established in various precedents. The court highlighted that forcible dispossession is not permitted; possession must be obtained through legal means. The principle that "possession is a good title of right against anyone who cannot show a better" is reiterated, emphasizing that even a wrongful possessor has rights against all except the true owner. The court cited several precedents, including: - Midnapur Zamindary Co. Ltd. Vs. Kumar Naresh Narayan Roy and Ors. (1924 PC 144): Forcible possession is not permitted; possession must be obtained through a court. - Lallu Yeshwant Singh Vs. Rao Jagdish Singh (1968) 2 SCR 203: A landlord committed trespass by forcibly entering his own land in possession of a tenant. - Nair Service Society Ltd. Vs. K.C. Alexander and Ors. (1968) 3 SCR 163: Possession is a good title against all but the rightful owner. - M.C. Chockalingam and Ors. Vs. V. Manickavasagam and Ors. (1974) 1 SCC 48: Law forbids forcible dispossession even with the best of title. - Krishna Ram Mahale Vs. Mrs. Shobha Venkat Rao (1989) 4 SCC 131: A person in settled possession cannot be dispossessed without recourse to law. - Nagar Palika, Jind Vs. Jagat Singh, Advocate (1995) 3 SCC 426: Peaceful possession is protected from trespassers regardless of the origin of possession. The court also discussed the concept of "settled possession," which entitles a possessor to protect their possession even against the true owner. The criteria for settled possession include actual physical possession over a sufficiently long period, possession to the knowledge of the owner, and the completion of the dispossession process by the trespasser. 3. Maintainability of the suit without seeking a declaration of title: The defendant argued that the suit was defective as it was based on title without seeking a declaration of title. The court rejected this argument, stating that the suit for injunction was maintainable based on the plaintiff's possession. The court referred to several cases to support this view, including: - Sri Dasnam Naga Sanyasi and Anr. Vs. Allahabad Development Authority, Allahabad and Anr. AIR 1995 Allahabad 418: The case related to the grant of temporary injunction and was distinguished based on its facts. - Kallappa Rama Londa Vs. Shivappa Nagappa Aparaj and Ors. AIR 1995 Karnataka 238: Upheld the maintainability of a suit seeking injunction without declaration of title. - Fakirbhai Bhagwandas and Anr. Vs. Maganlal Haribhai and Anr. AIR 1951 Bombay 380: It is not necessary to prove title for claiming an injunction; lawful possession suffices. The court concluded that the plaintiff's possession was to be protected, and the question of title remained open for future determination. The judgment and decree of the Trial Court and High Court were affirmed, and the appeal was dismissed, leaving the defendant the option to file a suit based on title to evict the plaintiff upon establishing a better right to possession.
|
