RECOVERY OF DISPUTED PROPERTY ON THE BASIS OF PREVIOUS POSSESSION

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Case Law on Restoration of Disputed Property

RECOVERY OF DISPUTED PROPERTY ON THE BASIS OF PREVIOUS POSSESSION

Landlord and tenant dispute

Section 6 also applies where complete ouster of tenants is ouster of landlord to whom rent is paid and latter can bring suit under the section.

The conclusion is further strengthened by the words he or any person claiming through him may, by suit, recover possession thereof used in the section.

Where a tenant is evicted by a trespasser, his landlord is competent to file a suit under Section 6. Possession by receipt of rents may be disturbed and person dispossessed might sue under Section 6

Possession contemplated by Section 6, is not confined to actual physical possession. Where tenant is dispossessed, either tenant or landlord can maintain possessory suit.

If the tenant is forcibly dispossessed before the expiry of the tenancy by a third person, the landlord has no right to sue under Section 6

Tenant dispossessed — Landlord cannot sue for actual possession but where tenancy is terminated or surrendered landlord can maintain suit.

Suit under Section 6 must be brought by tenant in possession

Suit by landlord alone to which tenants are not parties is not maintainable

If a tenant is, in possession of the property and being dispossessed therefrom does not care to bring a suit for possession of the property, the landlord cannot be shut out from bringing a suit against the trespasser. If the tenant has a mind to remain in possession of the property on behalf of the landlord, the landlord will put him in actual possession of the property. If, however, the tenant has no mind to stick to the land, the landlord is-entitled to get actual possession of the property from the trespasser.

Where tenant in exclusive possession is dispossessed, proper remedy for tenant is to sue for possession and for landlord, if so desires to sue immediately on possessory right to sue in name of tenant but if tenant refuses to join or there is injury to reversion landlord can sue in his own name.

Tenant dispossessed — Suit under this Section 6 by landlord is maintainable if the tenant is made co-plaintiff.

It would be proper if tenant is also made a co-plaintiff in the suit. In case the tenant refuses to join as co- plaintiff, he should be added as defendant.

Possession under landlord though under invalid lease, can enable a person to recover property against trespassers.

Possession of tenant who has ceased to be a tenant is protected by statute and he is not a trespasser, that is landlord deprives him of possession otherwise than in due course of law, he may sue the landlord under Section 6.

Third person who dispossesses landlord between one tenant’s quitting and another tenant’s coming in can be ejected under Section 6.

Attornment by tenant in actual possession to another coupled with refusal to pay rent is not dispossession of proprietor under Section 6.

Where as a result of collusion between the agent of the tenant and the landlord, the landlord gets possession of the leased property, it is the tenant who is dispossessed of that property without his consent and otherwise than in due course of law. In such a case the tenant is entitled to bring a suit under Section 6 in his own name. And the mere fact that the tenant has a remedy by way of a suit for compensation against his agent does not mean that he is incompetent to bring a suit, under 6, if he is otherwise entitled to do so.

Suit by co-owner for possession along with trespasser—Suit lies under Section 6 and other co-owners are not necessary parties.

Decree cannot be passed in favour of a person claiming undivided share in property from which he and his co sharers were ousted

Co-sharer dispossessed from specific portion by other co-sharers — Section 6 can be availed of for possession against co-tenants—Plaintiff another co-tenant entitled to exclusive possession under lease from them—Suit is maintainable.

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