Summary
A plaintiff relying on possessory title had to prove settled possession and could not succeed on minor weaknesses in the defendant’s evidence. A doubtful rent note and a vehicle body lying partly on the boundary did not prove such possession. The defendant established title and possession through the documentary chain. The High Court’s interference with the first appellate court’s supported factual findings was reversed and dismissal of the suit restored.
Issues
- Whether the plaintiff established possessory title or settled possession warranting relief against a defendant proving ownership.
- Whether the High Court properly disturbed the first appellate court’s factual findings.
Provisions considered
- Article 64, Limitation Act, 1963A suit based on previous possession rather than title lay within twelve years of dispossession; where the defendant established title, the plaintiff’s claim could not succeed without the necessary superior right or proof of settled possession in issue. (¶¶ 8–13, 17–20)
Held
- Settled possession, protected against forcible dispossession even by an owner, required effective, undisturbed possession known to the owner or not concealed, with the requisite possessory intention. Casual or intermittent trespass did not establish it; the inquiry depended on the circumstances. (¶ 8–13)
- The rent note did not identify the suit plot or its boundaries, and the supporting account of fire was doubtful. A vehicle body lying partly on the boundary was insufficient to prove possession of the entire plot, much less settled possession. (¶ 15–16)
- The plaintiff had to prove his own case rather than rely on defects in the defence. The first appellate court correctly found the defendant’s title and possession, preceded by his transferor’s possession, proved by the record. (¶¶ 6–7, 14, 17–19)
- The supported and non-perverse factual findings of the first appellate court did not justify the High Court’s interference. There was no sufficient material establishing the plaintiff’s possessory title. (¶ 18–20)
Result
Appeal allowed; High Court judgment and review order set aside. First appellate court judgment restored and suit dismissed.