Suit for Possession
Satish Mishra
Chandigarh High Court Lawyer & POSH Training Advisor cum External Member with RERA Expertise
Possession is the state of having, holding or owning a movable or immovable property full stop it is when someone have a right of possession over a particular thing or property. The right of position can be claim in court by a civil suit. A civil lawsuit is a court based process through which an individual can seek to hold another individual liable for some kind of harmful or wrongful act in these cases usually compensation is provided, as the main to office in suits to bring the person at her original position.
Since, an individual have their rights of possession of property where no other person can disturb their peace, position is is protected as a part of law of property, it sometimes can be claim against an owner himself. For example in a case of tenant where is contract to live on the particular property is not ended the right of possession can be stated there. The right of position states that someone who currently owns a thing of property for short time or long time also known as Jura Possession
According to bench of honourable Justice Mohan M Shantagoudar and N. V. Ramana of honorable Supreme court “a person who assert possetionary title over a particular property will have to show that he is under settled or established possession of the said property. But nearly stray or intermittent acts of trespass do not give such right against the true owner”.
Ifin a case of property a person is continuously using it for minimum 12 years without any legal interference of the owner then he may claim his right foot position said by supreme court the process of asking for possession shall only be legal if in case someone tries to take the position with force, then it would not matter even if the property belong to him, he will be punished as it is illegal because court respect the right of possession.
There are different remedies for different fruits but in case of property related problems compensation is sometimes not enough, the plaintiff deserve more, so there is specific relief act in which some quotes provide specific relief to the plaintiff which may include injunction on property.