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Checking relevance for Ravinder Kaur Grewal VS Manjit Kaur...
2019 7 Supreme 559 : Yes, a suit can be filed against a person who is not the owner at the time of filing of the suit if that person has acquired title by adverse possession. Once the 12-year period of adverse possession is completed, the possessor acquires absolute title, right, and interest in the property, which can be used as a ''''sword'''' by the plaintiff to file a suit for declaration of title, permanent injunction, or restoration of possession, even against a person who is not the original owner but is in possession. The right acquired through adverse possession is enforceable and cannot be defeated by re-entry of the original owner or subsequent acknowledgment of rights.Checking relevance for KULDEEP KUMAR DUBEY VS RAMESH CHANDRA GOYAL (D) TH LRS. ...
2015 7 Supreme 108 : A suit can be filed by a person who is not the owner at the time of filing the suit, provided they are a legal heir or representative of the actual owner. In this case, Shiv Kumar Dubey, who was not the owner but the brother and heir of the deceased owner Raj Kumar, filed the suit for eviction in his capacity as heir. The court held that such a suit is maintainable, especially when the heirs are subsequently substituted as plaintiffs after the death of the original plaintiff. The defect in the description of the appellants as heirs of Shiv Kumar rather than as owners themselves (due to a will) was deemed a mere ''''error, defect or irregularity'''' not affecting the merits or jurisdiction of the court, and thus did not render the suit non-maintainable. The court emphasized that such technical defects can be corrected at any stage, including before the Supreme Court, and reversal of the decree on such grounds is not permissible under Section 99 of the Code of Civil Procedure.Checking relevance for Ramesh Chand Ardawatiya VS Anil Panjwani...
2003 4 Supreme 27 : Yes, a suit can be filed against a person who is not the owner at the time of filing of the suit. In the case discussed, the plaintiff filed a suit for declaration of title as owner and restoration of possession against a defendant alleged to be a ''''rank trespasser'''' who had raised unauthorized construction on the property. The court held that the suit was maintainable, and the plaintiff was entitled to a declaration of his possessory title, as well as mandatory and permanent preventive injunctions. The court emphasized that the defendant had no pleading or proof of any title to the property and could not have dispossessed the plaintiff. This confirms that a person who is not the owner at the time of filing the suit may still be a proper defendant in a suit for declaration of title and restoration of possession, particularly when they are in wrongful possession or have no legal title.Checking relevance for Mohd. Noor: Kailash Dan: Meghraj VS Mohd. Ibrahim: Rawata: Onkar Lal...
Checking relevance for J. Ganapatha VS N. Selvarajalou Chetty Trust Rep. by Its Trustees...
Checking relevance for Mehanga Singh VS Sunder Chand...
Checking relevance for Tea Arcade VS Aparna Rai...
Checking relevance for T. M. International duly VS Meena Garments duly...
Checking relevance for GNYANESHWAR S/O SHARVALINGAM VS RAMGOPAL S/O KANHAYALAL MALU SINCE DECEASED BY LRS. ...
2021 0 Supreme(Kar) 471 : A suit cannot be maintained against a person who is not the owner at the time of filing of the suit if the plaintiff fails to establish lawful possession or title over the property as on the date of the suit. In the instant case, the plaintiff could not claim to be the owner of the suit property as on the date of the suit (2007), as he did not have deeds of sale in his name for the entire property, and no evidence was produced to show that his name or that of his predecessors in title was entered in the revenue records. The court held that the plaintiff''''s claim to ownership was not established as on the date of the suit, and therefore, the suit for injunction was not maintainable. This establishes that a person must have lawful possession or title to the property at the time of filing the suit to maintain a suit for injunction.Checking relevance for Baburao S/o Hemachandrappa Kalal VS S. M. Ravindrashetty S/o Narayanashetty...
Checking relevance for Abu Khan, S/o. Chand Khan VS Ishaq Khan, S/o. Kammu Khan...
2024 0 Supreme(Raj) 820 : Yes, a suit can be filed against a person who is not the owner at the time of filing of the suit under Section 6 of the Specific Relief Act, 1963. The law provides that a person who has been unlawfully dispossessed of immovable property may recover possession through a suit, regardless of any other title that may be set up by the defendant. The focus of such a suit is solely on possession and unlawful dispossession, not on title. Therefore, even if the person in possession at the time of filing the suit is not the legal owner, the rightful possessor can still file a suit under Section 6 to recover possession, as the court will not adjudicate the question of title in such proceedings.
