Query about possession

Manohar Manu (Querist) 31 July 2017 This query is : Resolved
Dear Legal Team,

Is it necessary for plaintiff to prove his possession in suit schedule property to get ownership in declaration suit?

Pls advice on this.

Regards,
Manohar

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P. Venu (Expert) 01 August 2017
Please post the material facts.

M V Gupta (Expert) 02 August 2017
In a declaratory suit, besides documentary evidence, the plaintiff has to prove that he is in possession of the property. Otherwise the court may be guided by the principle of
" balance of convenience" in granting interim relief, if any, prayed for in the plaint.

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