Can Prayer for Possessory Title Be Granted in India?

2024 0 Supreme(Mad) 719

Taking into consideration the long possession of the plaintiffs, the Trial Court while denying the relief of declaration of possessory title, granted them the relief of injunction restraining the defendants from interfering their possession. 7. ... Once the Court comes to the conclusion that the Survey No. 271/4 is a patta land, the question of granting the relief of possessory title does not arise. This is because, possession follows title and title has been found to....

The question thus arises whether a lessee who has been in possession for less than the period of a year and a day can bring a possessory action. On this question there has been some difference of authority. ... The prayer in the plaint is not inconsistent with a possessory action. The plaintiff prayed (1) for a declaration that the plaintiff was entitled to possess the land under his lease; (2) for damages; (3) for ejectment of the defendant; and (4) for costs. ... Possessory action-Proof of poss....

2025 Supreme(Online)(Ori) 5981

When, the plaintiff has prayed for declaration of his right, title and interest over the Government land(which is the suit land), then, as per law, the State(Government) is a necessary party to the suit concerning the prayer of the plaintiff, i.e., declaration of his ... It is the settled propositions of law that, mere possession does not ripen to possessory title until the possessor holds the property adverse to the title of the true owner for the said purpose. 19. ... So far as the declaration of #H....

In a possessory action whether brought by a plaintiff in assertion of his own right or by a lessee as has been already observed, title is an irrelevant question. ... It is not concerned with what is going to befall a plaintiff whom it has restored to possession, whether he would have to surrender his possession to a lessor in a year or two or whether, on the very next day, he would be evicted by the defendant by means of an action for declaration of title, any ... -The question....

- The plaintiff brought this action originally claiming title to a certain land and alternatively on a second cause of action, claiming a possessory decree in respect of this land. ... The circumstances were as follows: The plaintiffs were the assignees of a lease granted by one Alexander, one of several co-owners ; and that possession being disturbed by the other co-owners, a possessory action was brought. ... At the trial, the plaintiff abandoned his claim for title and confined his action to ....

R. 330 dismissed plaintiff's possessory action and gave him liberty to amend his plaint and proceed with the action as an action to vindicate title to the premises in dispute.1 (1909) 2 Ch. 129. ... The Appeal Court dismissed plaintiff's possessory action and gave him liberty to amend his plaint and proceed with the action as an action to vindicate his title to the premises in dispute. ... A certificate under section 781, Civil Procedure Code, was granted to the plaintiff. THE Appeal Court by ....

2023 0 Supreme(AP) 1599

possessory title in respect of plaint schedule property. ... Whether the plaintiff is entitled to a declaration as prayed for?2. Whether the 2nd defendant has been granted patta by the Revenue authorities? 3. Whether the plaintiff is entitled to recovery of possession of the plaint schedule property? ... Whether in a suit filed for declaration of title and recovery of possession of which plaintiff has no title that plaint schedule l....

Sinnetamby 3 was an action rei vindicatio, and the only question before the Court was whether the plaintiff who claimed the land in dispute as belonging to a madam had made out his title to the property as against the defendant, who asserted an independent title to it. ... The Judge thought that this was simply a possessory action, and that the only issues were whether the plaintiff had had possession for a year and a day, and whether he was ousted; and he therefore disallowed questi....

2023 0 Supreme(Del) 4884

The plaintiff-respondent in this way came to acquire possessory title over the same. ... He is simply a licencee and the licence having been terminated, he has no right to remain in possession but to restore possession to the person having rightful possessory title over it. 12. ... The question for consideration before the Supreme Court was whether documents namely, Power of Attorney, Agreement to Sell, etc. would confer any title upon the Plaintiff entitling him to a decree of evictio....

2023 0 Supreme(Ori) 226

The Respondent No.1 as the Plaintiff had filed the suit for declaration of his possessory title over the suit land and issuance of permanent injunction against the present Appellant (Defendant No.3) from entering into the suit land, constructing any house over there as also interfering ... The Trial Court on the above rival pleadings having framed in total six (6) issues, upon examination of evidence and evaluation of the same has arrived at the following findings: - (i) the illegal possession note in favour of Kastu Ranbida will not ripe into p....

2023 0 Supreme(Gau) 45

Whether a declaratory decree can be granted in favour of the plaintiffs seeking possessory right by way of adverse possession ?

2018 0 Supreme(Ori) 26

Felt aggrieved, the plaintiff filed Title Appeal No.8 of 1987 before the learned District Judge, Cuttack. The order passed by the HRC Controller is binding on the parties. The prayer of the plaintiff for possessory title over the suit land cannot be granted, since the State Government is not a party to the suit.

2008 0 Supreme(Ker) 786

In view of the categoric finding of the civil court, the Appellate Authority was not justified in ignoring the same, it is true that the authorities under the Kerala Land Reforms Act have exclusive jurisdiction to try and dispose of the claim in respect of tenancy rights. The prayer for declaration of title and possession was granted by the civil court. The civil court also restrained the defendants by a permanent prohibitory injunction from interfering with the peaceful possession of the petitioners. The civil court also found that the plaintiffs have title and that they a....

2007 0 Supreme(Gau) 46

Ka executed by the attorney on the basis of an unregistered power of attorney (Ext. Ga). Case No. 169 of 2001 filed by the Respondents in the appeal and after hearing the learned Counsels for the parties and further on due consideration of the questions involved in the appeal, the court is of the view that the following question of law should be framed as an additional question, requiring the court's determination - Whether the plaintiff's possessory right, title can be interfered with by the defendant merely on the basis of the Sale Deed Ext.

2007 0 Supreme(Gau) 52

2. In view of Misc. Case No. 169 of 2001 filed by the Respondents in the appeal and after hearing the learned Counsels for the parties and further on due consideration of the questions involved in the appeal, the Court is of the view that the following question of law should be framed as an additional question, requiring the Court's determination- Whether the plaintiffs possessory right, title can be interfered with by the defendant merely on the basis of the Sale Deed Ext. Ka executed by the attorney on the basis of an unregistered - power of attorney (Ext. Ga).