R.C.LAHOTI, B.N.SRIKRISHNA, G.P.MATHUR
Rame Gowda – Appellant
Versus
M. Varadappa Naidu – Respondent
The relevant paragraphs about possessions are as follows:
(!) : This paragraph discusses the importance of possession in law, emphasizing that law must provide for its protection because an attack on possession is akin to an attack on the person himself. It highlights that possession is a vital legal relationship that deserves safeguarding.
(!) : This section explains that in English law, possession is considered a good title against anyone who cannot demonstrate a better title. It also states that even wrongful possessors have rights similar to owners with respect to all persons except earlier possessors and the true owner. The paragraph elaborates on the broader treatment of possession in different legal systems, including the principle that a wrongful possessor can recover possession from any person, including the true owner, who may be forced to restore possession.
(!) : It distinguishes possessory remedies from proprietary ones, indicating that the law recognizes the importance of possession as a provisional or temporary title, even against the true owner, under certain circumstances.
(!) : This paragraph states that Indian law aligns with the jurisprudential view that forcible possession is not permitted and that possession must be obtained through the courts.
(!) : It emphasizes that law respects possession even without title, and no one is allowed to dispossess another forcibly without recourse to the courts.
(!) : It underscores that a defendant must show a valid legal title or prior possession to justify dispossession.
(!) : This section clarifies that a person in peaceful and settled possession is entitled to retain possession and may use reasonable force to prevent trespassers, but a wrongful owner must seek legal recourse rather than taking law into their own hands.
(!) : It discusses that settled or effective possession without title can entitle the possessor to protection against the true owner, especially if the possession has been peaceful and long-standing.
(!) to (!) : These paragraphs outline the criteria for settled or effective possession, such as long-term actual physical possession, knowledge of the owner, finality of dispossession, and the presence of crops, which can establish a right to protect possession even against the owner.
(!) : It concludes that even if the plaintiff failed to prove title, their settled or effective possession was sufficient to warrant protection, and the question of title remains open for subsequent legal proceedings.
(!) : This paragraph clarifies that the court's decision does not
Lahoti, J. -- The defendant is in appeal feeling aggrieved by the judgment and decree of the trial Court, upheld by the High Court, restraining him from interfering with the possession and enjoyment of the suit schedule property by the respondent.
The plaintiff and the defendant -- both have expired. Their LRs are on record. For the sake of convenience, we are making reference to the original parties i.e. the plaintiff and the defendant.
The suit property, a piece of land, is situated in Arekempanahally, 36th Division. It appears that the plaintiff and the defendant both claim to be owning two adjoining pieces of land. There is a dispute as to the exact dimensions and shapes (triangular or rectangular) of the pieces of land claimed to be owned and possessed respectively by the two parties. The real dispute, it seems, is about the demarcation of the boundaries of the two pieces of land. However, the fact remains, and that is relevant for our purpose, that the piece of land which forms the subject-matter of the suit is in the possession of the plaintiff-respondent. The plaintiff- respondent was raising construction over the piece of land in his possession, and t
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