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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
REKHA BORANA
Lrs. Of Bhera Ram – Appellant
Versus
Kanhaiya Lal, S/o Shri Bhanwarlal – Respondent
| Table of Content |
|---|
| 1. summary of factual background regarding land possession. (Para 1 , 2 , 3 , 4) |
| 2. discussion of parties' contentions regarding legal standing. (Para 8 , 9 , 10 , 11) |
| 3. petitioner's arguments on possession claims. (Para 12) |
| 4. respondents' defense regarding possession. (Para 14 , 15 , 16) |
| 5. court's consideration of evidence and admissions. (Para 18 , 19 , 20 , 21 , 22) |
| 6. legal standards on possession under section 6. (Para 24 , 30) |
| 7. final decision on the plaintiff's possession and order. (Para 33 , 34 , 35 , 36 , 37) |
ORDER :
REKHA BORANA, J.
1. The present revision petition has been filed against judgment and decree dated 05.08.2006 passed by the Civil Judge (Jr. Div.), Jodhpur in Civil Original Suit No. 17/2002 whereby the suit under Section 6 of the Specific Relief Act, 1963 (hereinafter referred to as ‘Act of 1963’) and for permanent injunction as filed on behalf of the plaintiff, stood dismissed.
2. Plaintiff Bhera Ram filed the suit against his brother Bhanwar Lal (defendant No.1) and sons of Bhanwar Lal (defendants No.2 & 3) with a submission that the land in question was in possession of the plaintiff since the life time of their father as their father Rupa Ram
In a suit under Section 6 of the Specific Relief Act, proof of prior possession and unlawful dispossession is sufficient for relief, irrespective of title or partition issues.
In proceedings under Section 6 of the Specific Relief Act, the court's role is limited to determining dispossession within six months prior to the suit, without delving into ownership issues.
Watchman or caretaker's occupation of outhouse does not constitute settled possession of entire property under Section 6 Specific Relief Act; plaintiffs' prior possession proved by repair works entit....
Court confirmed that possession, established without due process, warrants restoration under Section 6 of the Specific Relief Act, irrespective of ownership documents, which do not confer automatic r....
The main legal point established in the judgment is that suits for recovery of possession under Section 6 of the Act of 1963 must be filed within six months of dispossession, and the title of the par....
Possession can be reclaimed swiftly under Section 6 of the Specific Relief Act, allowing immediate remedies against illegal dispossession, disregarding title disputes.
In a suit under Section 6 of the Specific Relief Act, the focus is solely on possession and dispossession, not on title, and plaintiffs must prove they were in possession within six months prior to f....
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