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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