Suit based on title or previous possession for recovery of DISPUTED PROPERTY

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Suit based on title or previous possession for recovery of disputed property

Suit based on title or previous possession for recovery of disputed property

In a suit under Section 6, exclusive possession decreed in favour of co-sharer — Subsequent suit for declaration of title and for recovery of possession by other co-sharers — Declaration of title may-be given and not decree for joint possession—In absence of relief of partition plaintiff may be relegated to separate action.

Plaintiff alleging himself to be tenant suing defendant as trespasser — Court finding that plaintiff was in possession as required by Section 6 but holding that suit was not cognisable in Civil Court as parties were co-tenants

Held, plaintiff was entitled to decree for possession under Section 6 and Court was not called upon to go into question of title.

Joint possession—

Words of Section 6 do not refer to exclusive possession. Person in joint possession of immovable property is as much in possession of that property as a person who is in exclusive possession and if person who was in joint possession is dispossessed, he can sue to be restored to that possession which he enjoyed before he was dispossessed.

In case defendant shows equal right with plaintiff, he will be entitled to joint possession; but on former’s showing better title, latter would have no right to possession.

Master and servant. —

The person in actual occupation, being a servant, deputee or appointee of another, holds the property for such other person. His occupation is the occupation of the master, or the person deputing or appointing him.

Court has no jurisdiction to entertain suit under Section 6 by servant against master.

Constructive possession goes with title, right to recover possession under Section 6.

Mortgagee in possession through tenants is entitled to invoke aid of Section 6 on his tenants.

Where the plaintiffs right to collect being ejected from possession by others.

Licensee of land if dispossessed by trespasser can sue under Section 6.

Suit based on title cannot, on its failure, be converted into suit for possession under Section 6.

A distinction has to be drawn between a suit based upon possessory title and a suit under Section 6. In the former case the plaintiff would be entitled to a decree only where plaintiff’s possession was sufficient proof of his title while in the latter case the Court has merely to see whether the plaintiff was in possession six months prior to the date of the suit.

A decree can be passed on the basis of possessory title, in a suit for possession, when the plaintiff proves that he was in peaceful possession when he was dispossessed by the defendant and the defendant fails to prove title in himself, even though the plaintiff has not framed his suit as one under Section 6 and did not sue the defendant within six months of his dispossession.

Though suit is not brought under Section 6, plaintiff may be granted possession, if he is dispossessed.

Scope of enquiry under section. —In suit under the section, neither Court nor defendant has power to enlarge its scope or to treat it as if it were an ordinary suit on title.

In suit under Section 6 sole question before Court is one of possession; the Court cannot go into question of title.

In suit under Section 6 Court can inquire into question of title for ascertaining nature of possession disturbed.

In a suit under Section 6, the only allegations that are relevant are those of a person’s previous possession and his dispossession by the defendant. Even if the defendant has a better title than the plaintiff, he cannot resist the plaintiff’s suit for possession if the plaintiff proves the allegations.

Defence of title is foreign to a suit under Section 6.

Only question is whether possession was divested in due course of law or not.

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