AI Overview...
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Suit for Possession - Courts have dismissed various suits for possession, partition, and declaration due to lack of proof of ownership or proper procedural grounds. For example, in Madhusudan Vishwanath Mule VS Gajanan Vishwanath Mule - Bombay, the suit was dismissed after courts found insufficient evidence for partition and possession claims. Similarly, Ahmed Ibrahim VS N. M. K. Syed Mohideen - Madras and Ahmad Ibrahim VS N. M. K. Syed Mohiden and others - Madras highlight cases where suits for declaration and possession were dismissed or reversed based on the defendant's purchase or possession rights.
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Ownership and Title Evidence - Courts rely heavily on documentary evidence such as sale deeds, exchange deeds, and court auction records to establish ownership and possession. For instance, in S. N. Subramani VS R. Rathnasamy (died) - Madras, the plaintiffs proved their title and possession through exchange and sale deeds, leading to the dismissal of the defendant's claim regarding a cart track.
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Court Procedures and Orders - Orders under Civil Procedure Code (CPC), such as amendments under Order 6 Rule 17 or orders to recover possession, are crucial. In Sailendra Nath Roy VS Biman Chandra Roy - Calcutta, the court allowed amendments for recovery of possession of specific area (165 sq. feet) but rejected other claims. Proper procedural steps and evidence are essential for securing possession.
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Obstructions and Disputes - Obstructions to possession, such as claims of illegal construction or possession by others, are common issues. In Kulandaimari W/o.Late Lourdusamy Remo (Died) vs Marie Raock Emlie Vanagamudiar (died) - Madras, the court dismissed a revision petition due to prior delivery orders reaffirming possession, indicating adherence to procedural and factual correctness.
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Specific Property Cases - Cases involving specific property sizes, boundaries, and possession rights, such as in Natarajan VS Sathiyavani - Madras, show that courts examine boundary demarcations, possession history, and property division to decide suits. The suit for partition and possession was dismissed because the plaintiff's possession was established on one side of the partition line.
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Damages and Mesne Profits - Claims for damages or mesne profits are often linked with possession suits. In TRIVENI ENGINEERING AND INDUSTRIES LTD. VS TEJINDER KAUR GONA - Delhi, the court awarded damages for unauthorized use and occupation, modifying the rate based on evidence.
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Delivery of Possession - Courts emphasize the importance of actual and legal possession. In Vimala VS Gnaneswaran - Madras, possession was delivered under a registered sale deed, and the court dismissed claims of illegal construction or wrongful possession by others.
Analysis and Conclusion:
Successful possession suits depend on clear evidence of ownership, continuous possession, and adherence to procedural requirements. Courts tend to dismiss suits lacking proof or procedural validity but uphold claims supported by registered documents and established possession. Proper legal procedures, documentary evidence, and proof of continuous possession are critical for securing possession in court.
Search Results for "Suit for Possession Court Feet"
2017 0 Supreme(Bom) 1635 • India - Bombay
V.M.DESHPANDE
adjacent to the house] - The court dismissed the suit for partition, possession, declaration, and mesne profit filed by the appellant ... Fact of the Case: The plaintiff filed a suit for partition, possession, declaration, and mesne profit claiming a share ... Evidence Act, Section 115 - [2 storeyed house at village Rohinkhed, Taluka Motala, District Buldana; an open land admeasuring 20'x20' feet ... By these two judgments and decrees, both the Courts below dismissed the su....
1975 0 Supreme(Mad) 110 • India - Madras
MOHAN
90']} Fact of the Case: Plaintiff filed a suit for declaration and possession of a property, claiming title through ... Finding of the Court: The lower appellate court reversed the trial court's decree and dismissed the suit, holding that ... The defendant purchased 2/3rds of the suit property in Court auction in execution of a decree obtained by Mohammed Ameena Ummal against ... He filed a suit in O. S. No. 224 of 1966 on the file of the District....
1975 0 Supreme(Mad) 112 • India - Madras
S.MOHAN
Code of Civil Procedure, 1908-Order 21, rule 90-Claim sent-Suit filed to set aside claim order-Suit compromised without making judgment-debtor ... He filed a suit in O.S. No. 224 of 1966 on the file of the District Munsif’s Court of Ramanathapuram for declaration and possession. The suit property measures 20 feet east to west and 24 feet south to north in Ward No. 1 of Keelakarai Panchayat and a hut bearing Door No. 204-A standing thereon. ... The le....
1999 1 Supreme 386 • India - Supreme Court
G.B.PATTANAIK, M.B.SHAH
Court unsuccessful-Whether decree holder appellant be granted possession? ... holder’s claim in suit for delivery of possession and mesne profit at market rate-Prayer for possession not granted-Appeal to High ... . 20 per square feet thereafter till disposal of suit. ... The present respondent obstructed the delivery of possession on the ground that he was in possession of the property. ... 3. Pending Obstruction Application, respon....
2024 0 Supreme(Cal) 521 • India - Calcutta
PRASENJIT BISWAS
The trial court allowed the amendment for recovery of possession of 165 square feet but rejected other contentions. ... VI Rule 17 of C.P.C, West Bengal Premises Tenancy Act] - The court allowed the plaintiff to make a prayer for recovery of possession ... Amendment - Recovery of Possession - West Bengal Premises Tenancy Act - Order VI Rule 17 of C.P.C - [Order ... By passing the impugned order learned Trial Court allowed the application for amendment filed by this pe....
2022 0 Supreme(Mad) 1324 • India - Madras
N. ANAND VENKATESH
possession in the suit property, while the defendants failed to prove the existence of the claimed cart track. ... the exchange deed (Ex.A-4) and sale deed (Ex.A-14) to establish the plaintiffs' title and possession in the suit property. ... The defendants claimed the existence of a 40 feet wide cart track and sought dismissal of the suit. ... In view of the above findings, both the Courts concurrently held that the plaintiffs have discharged their burden and have proved their title an....
2025 Supreme(Online)(Mad) 59863 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, J
The suit sought a declaration and recovery of possession, which was previously decreed in favor of the plaintiff. ... The court highlighted a subsequent order that reaffirmed measurements for delivery. ... The court concluded that the prior delivery order stood unimpaired due to ensuing measures and dismissed this Civil Revision Petition ... 2.Originally, the suit in O.S.No.431 of 1997 has been filed before the Principal Sub Court, Pondicherry, seeking declaration and recovery of #HL_....
2015 0 Supreme(Mad) 2904 • India - Madras
P.R.SHIVAKUMAR
Civil Suit – Suit for Partition – Possession – Shares - Permanent injunction restraining – Dismissal of ... Suit - Second Appeal - Whether Court below is right in dismissing suit on ground that plaintiff has property more than 13 feet East ... have been laid to demarcate property and plaintiff has been in possession of property West of dividing line ever since date of partition ... The plaintiff filed the original suit in O.S.No.22 ....
2006 0 Supreme(Del) 972 • India - Delhi
S.L.BHAYANA, SWATANTER KUMAR
Fact of the Case: The plaintiff filed a suit for possession against the defendant in relation to three different flats ... The trial court decreed the suit for recovery of damages/mesne profits for the use and occupation of the premises. ... Damages - Lease Dispute - The court modified the damages awarded by the trial court from Rs. 70/- per square feet to Rs. 45/- ... ... ( 3 ) IT is not in dispute that the possession of the premises had been han....
2020 0 Supreme(Mad) 1157 • India - Madras
P.RAJAMANICKAM
property and suit property and delivered possession of same – Held, Court of First Appeal must record its finding only after dealing ... Mandatory Injunction – Vacant Possession of Suit – Legal Representatives – Construction Illegally – Learned ... and dismissed suit property to plaintiff under a registered sale deed for a valuable consideration and delivered possession of same ... Only the first defendant is in continuous possession and enjoyment of....
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