LAW FOR ALL

Juriprudence: Possession Held-In the absence of proof of better title, possession or prior peaceful settled possession is itself evidence of title-Settled possession or effective possession would protect a person without title even as against the true owner-High Court's order upheld. The plaintiff-respondent was in possession of a piece of land and was raising a construction over it which was objected to by the defendant- appellant claiming that the said land formed part of his property and was owned by him. The plaintiff-respondent filed a suit for declaration of his title, as also his possession, of the disputed land. The trial court found that although the respondent failed to prove his title, he had succeeded in proving his possession over the suit property. Accordingly, it issued an injunction restraining the appellant from interfering with the peaceful possession and enjoyment of the suit property by the respondent. The High Court upheld this order. Hence the appeal. On behalf of the appellant, it was contended that the suit ought not to have been decreed merely on the fact that the respondent was in possession of the suit property since he could not prove his title. =2003 (December - Vol -12) JUDIS.NIC.IN/ S.C. /25710