Supreme Court · 1969 INSC 291 · Decided 16 October 1969
Somnath Barman v. DR. S. P. Raju & ANR.
- Court
- Supreme Court of India
- Citation
- 1969 INSC 291 · [1970] 2 S.C.R. 869
- Case number
- CIVIL APPEAL No. 2342/1966
- Decided
- 16 October 1969
- Bench
- J.C. SHAH, K.S. HEGDE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution; Specific Relief Act Section 9
Headnote
Specific Relief Act (l of 1877), s. 9-Suit for possessitm, filed more than 6 months after dispossession-P/ainJiff's possession proved but not title-Whether plaintiff entitled to decree for possmsion. In a suit for possession of i.9unovable property filed in 1949, i• was found that the was in pcsscssion from 1930 to 1945 and that the defendant trespassed on the property in 1946. On the question whether a decree could be passed in plaintiff's favour, HELD : Possessory title is a good title as against everybody other than the lawful owner. Therefore, in an action of ejectment
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