suku tony 11 August 2020
Sourav Das (Advocate Supreme Court of India) 12 August 2020
G.L.N. Prasad (Retired employee.) 12 August 2020
Nothing can be said in these suits unless the facts are fully studied. Facts and circumstances may differ from case to case. Why the plaintiff is in Possession and since how long, and how he lost the title, and under what circumstances must also be studied.
According to Sri Sourav Das, the defendant may win the case, as he is having the title. He is perfectly right.
What type of title and how the defendant acquired his title is also crucial.
It is also true that Courts insist on filing a declaration suit in such cases, but if the plaintiff pleads that those actions of the defendant can not bind him, and he is not a party to such transactions, etc., he need not file declaration suit. (This is also controversial)
In case of such disputes, courts generally take both Injunction and main suit together for hearing. and the reasons for dismissal of the suit of plaintiff by Junior Judge and grounds are also important to further guide.
When the suits are handled by Advocates, concerned advocates may be in a position to guide properly.
niranjan (civil practice) 12 August 2020
pltff.can file suit for merely on his possession to prevent deft.to take forcible possession of land and in that case suit is maintainable if he can prove possession.if deft.claims title he can file counter claim and seek possession of the property on his title.
P. Venu (Advocate) 12 August 2020
The posting suggests that the plaintiff's suit for permanent injunction has been dismissed by the plaintiff and this has been upheld in appeal. However, the judgment, by itself, would not entitle defendant to enforce possession or safeguard the plaintiff against eviction, though the due process of law, if his title to the property is defective.
Dr J C Vashista (Advocate) 13 August 2020
Reframe the facts of the query if it is real and not a fake and time-pass.