Possession of property and possessory title can be sufficient grounds for a suit for possession, even in the absence of ownership title, if the possessor can establish prior possession and the defendant fails to prove prior possessory title.

VALMIKI J. MEHTA, J.

1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the Judgment of the First Appellate Court dated 26.9.2014. The First Appellate Court vide its Judgment dated 26.9.2014 has decreed the suit by setting aside the Judgment of the Trial Court dated 15.12.2011 which had dismissed the suit. The subject suit was a suit for possession, mesne profits and injunction with respect to the suit property admeasuring 100 sq. yards bearing no. A-699, New Ashok Nagar, Delhi, situated in khasra no. 409/274.

2. The case of the respondent/plaintiff was that he purchased ownership rights in the suit property by usual documentation being the Agreement to Sell, General Power of Attorney, Will, Receipts, etc dated 12.6.1997. Out of 100 sq. yards, 30 sq. yards were purchased by the respondent/plaintiff from Smt. Gyanwati and 35 sq. yards each were purchased from Sh. Prabhu Dayal and Sh. Rakesh Kashyap. The appellant/defendant is alleged to have trespassed illegally and taken possession of one shop and two rooms in the year 2001; shop being the area which was purchased from Smt. Gyanwati and two rooms being the area purchased from Sh. Prabhu Dayal. Firstly a legal notice was sent to the appellant/defendant in the year 2001 which led to sitting of a Panchayat whereby the appellant/defendant was to handover possession which he failed to do so, and therefore, after serving another Legal Notice on 8.2.2007 the subject suit was filed.

3. The defence of the appellant/defendant was that the suit property was not owned by the respondent/plaintiff because the suit property was acquired by the government by Award nos. 39 and 22 and possession was also taken by the government. The acquisition proceedings and the possession proceedings were of 1982-83. Accordingly, it was prayed that since the respondent/plaintiff was not the owner the suit should be dismissed.

4. After the pleadings were complete, the trial court on 21.2.2009 framed the following issues:-

“(1) Whether the plaintiff has no right, title or interest in the suit property? OPD

(2) Whether the suit is bad for non-joinder of necessary parties? OPP

(3) Whether the plaintiff is entitled for the relief of possession as prayed for? OPP

(4) Whether the plaintiff is entitled for mesne profits/damages, if so, at what rate and for which period? OPP

(5) Whether the plaintiff is entitled for the relief of permanent injunction as prayed for? OPP

(6) Relief.”

5. Before the trial court the respondent/plaintiff proved the entire chain of documentation i.e. from his sellers, namely, Smt. Gyanwati, Sh. Prabhu Dayal and Sh. Rakesh Kashyap and also from the predecessors-in-interest of Smt. Gyanwati, Sh. Prabhu Dayal and Sh. Rakesh Kashyap. These documents have been proved and exhibited and is so noted accordingly in paragraph 6 of the judgment of the trial court and which reads as under:-

“6. Thereafter, the parties were directed to lead their evidence. In support of his case, the plaintiff has examined himself as PW-1 and filed his examination in chief by way of affidavit Ex.PW-1/A. PW-1 has also proved on record the GPA, agreement to sell, Deed of Will and receipt executed by Gyanwati in his favour as Ex.PW-1/1 to Ex.PW-1/4; the sale documents executed by Smt. Wakila in favour of Smt. Gyanwati i.e. GPA, agreement to sell and receipt Ex.PW-1/5 to PW-1/7. The documents executed by Sh. Rakesh Kashyap in favour of the plaintiff i.e. GPA, agreement to sell and receipt Ex.PW-1/8 to PW-1/10 and documents executed by Daljeet J. Singh in favour of Rakesh Kashyap i.e. GPA, agreement to sell, receipt and affidavit as Ex.PW-1/11 to PW-1/14; the documents executed by Prabhu Dayal in favour of the plaintiff i.e. GPA, agreement to sell and receipt Ex.PW-1/15 to PW-1/17 and documents executed by Daljeet J. Singh in favour of Prabhu Dayal i.e. GPA, agreement to sell and receipt as Ex.PW-1/18 to PW-1/20; the site plan as Ex.PW-1/21; copy of ration card as Ex.PW-1/22 and