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The Supreme Court of India held that prior possession becomes relevant in a suit for possession when both parties fail to establish title. The case before the court involved a dispute over possession of a piece of land. The plaintiff claimed to be the owner of the land while the defendant claimed prior possession. Both parties failed to establish their title to the land, and the court had to decide the case based on the principle of prior possession.

The Supreme Court, in its judgment, observed that when both parties fail to establish their title, the question of who has prior possession becomes crucial. The court noted that the right to possession is based on actual possession, and the party who can prove prior possession is entitled to remain in possession of the property. The court further clarified that prior possession does not confer title to the property, but only the right to remain in possession until title is established. The court also cautioned that prior possession must be continuous, peaceful and adverse to the claims of others.

The ruling is significant as it emphasizes the importance of prior possession in cases where title to a property is in dispute. It also highlights the need for parties to maintain continuous, peaceful and adverse possession of a property to establish their right to possession. Legal experts have welcomed the judgment, saying it provides clarity on the law relating to possession of property. They also noted that the ruling underscores the importance of maintaining possession of a property, even in the absence of title.

The Supreme Court’s judgment is likely to have far-reaching implications for property disputes in India, particularly in cases where title is unclear or disputed. It is expected to be cited in future cases as a key precedent on the law of possession. The ruling also serves as a reminder to property owners to be vigilant in protecting their possession of their properties and to take appropriate legal action to assert their rights when necessary.

Written By- Lakshya Sharma students of 1st year BBA LLB at Vivekananda Institute of Professional Studies affiliated to Guru Gobind Singh Indraprastha University


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