Ownership By way of Possession
Raj Kumar Makkad
(Querist) 02 August 2011
This query is : Resolved
Many persons are co-sharers of a chunk of gair mumkin agricultural land falling within abadi deh and one person X (not a co-sharer) is occupying a plot of 400 Sq. Yards out of the joint Khewat since last more than 20 years hostile & open to the true owners. Now one co-sharer has executed an agreement to sale in favour of a stranger mentioning in the agreement that X is occupying the land under agreement and vendee shall have to get its possession from X and vender is not responsible for eviction. That stranger visited X and threatened to vacate the plot as he has purchased it and registered sale-deed is going to be executed within next days to come.
In the light of above-noted facts, what options are available with X?
adv. rajeev ( rajoo )
(Expert) 02 August 2011
X has to file a declaration suit to declare him as a owner of the suit property against X
ajay sethi
(Expert) 02 August 2011
1) x has to file suit for declaration that he is the owner of property and entitled to posession of land .
J.D.Sharma
(Expert) 02 August 2011
Well in my opinion first X can file a suit for permanent injunction making a prayer therein to restrain the defendant or his agents, attorneys etc from interfering with the possession and from forcefully entry into the suit land (i.e. land in his possession) and also to restrain defendants from trying to evict him from land thereon otherwise than in due course of law.The relief of injunction is a discretionary relief is now well settled. A party before it can ask a Court to exercise such discretion in its favour must show that it has shown equities in its favour which would impel a Court to exercise discretion in its favour. In the alternative the party seeking injunction must possess some right which the opposite party is trying to invade or there must exist an obligation in its favour whether contractual or otherwise in respect of which the opposite party is trying to commit breach. I hope you would be able to prove your possession by way of some documentary evidence on which you are claiming your possession for the last 20 years and if you succeed in doing so you would be entitled for the decree in your favor, which will deter your imminent danger of getting thrown out of land possessed by you.
Secondly, the plea for adverse possession as advised by ld. advocate rajeev is also there but this plea cannot be raised as a right meaning thereby a suit is not maintainable on this plea rather plea of adverse possession can only be raised as a defense. No declaration can be sought by a plaintiff with regard to his ownership on the basis of an adverse possession[Bhim Singh And Ors. vs Zile Singh And Ors AIR 2006 P H 195, (2006) 144 PLR 159]; Deeg Ram And Others vs Ram Chander 2009 P H.Hence, It is a settled proposition of law that adverse possession can be taken as defence but a suit basing claim on the basis of adverse possession is not maintainable(judgement attached)
M/s. Y-not legal services
(Expert) 02 August 2011
I think as per natural justice X can't file any suit regard this. No primafacey made out here. Except the adverse possession he don't have any rights over the property.. But adverse possession alone not enough to prove the title over the property.
M/s. Y-not legal services
(Expert) 02 August 2011
But if he played some vital role mean he can challenge the adverse possession along with some more grounds.. And its nice to see that this query is posted by our senior member.
adv. rajeev ( rajoo )
(Expert) 03 August 2011
Mere bare injucion suit is not maintainable because another party is disputing the with X stating that he has got agreement of sale. So in my opinion suit for declaration and injunction is right one.
