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Supreme Court of India 2019-01-29 allowed

Poona Ram vs Moti Ram (D) Th. Lrs. & Ors

Bench: 2 — Mohan M. Shantanagoudar

In Brief

Poona Ram (plaintiff) filed a suit claiming possessory title to a plot of land based on alleged prior possession, without any documentary title deeds, claiming the defendants had wrongfully dispossessed him in 1972. The defendants produced registered sale deeds showing their title chain from the original Jagirdar. The Court held that the plaintiff failed to prove settled possession—mere casual possession, a rent note lacking proper identification, and a motor vehicle body on the property boundary could not establish long-term effective possession. The Court reinstated the First Appellate Court judgment dismissing the suit, holding that possessory title requires proof of settled, undisturbed, known possession and better title than others, which the plaintiff did not demonstrate.

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Civil Procedure Limitation and Prescription Possession Title to Property Possessory Rights Evidence

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