Saturday, July 6, 2019

Supreme Court landmark verdict on illegal possession of property

The Supreme Court held that If someone has occupied your home or land, you can clear it without having to go to court.

In the Poona Ram vs. Moti Ram case, the Supreme Court said that if you have the title of property, then the occupant of the property can be removed from force, so there is no need to file a case in court. But if the property is not from your name or if the possession has been more than 12 years, you will have to file a court case to get possession of the property.

The provisions of under section 5 of Specific Relief Act 1963 has been created for legal proceedings of such cases. In the property dispute, First of all, you should take a stay from the court. so that the occupation person can not construct or sell it on that property.

What was the matter of Poona Ram v. Moti Ram? 

Poona Ram was a resident of Barmer Rajasthan who purchased a land from a vassal in 1966, which was not a place but in different places. When it came to the ownership of the land, it was discovered that he was occupied by a man named Moti Ram who had no documents of that land. After this, Poona Ram did the case in court to get possession.

In 1972, the trial court ruled in favour of Poona Ram. Moti Ram filed appeal in the Rajasthan High Court. The High Court reversed the Lower Court's decision. Then Poona Ram appealed to the Supreme Court and the verdict was in favour of Poona Ram.

In this case Moti Ram argued that he has occupied that land for more than 12 years and Section 64 of the Limitation Act says that if someone is occupied for more than12 years on land, then he can not be emptied. Although SC rejected Moti Ram plea for this argument. The apex court said that if the land belongs to the owner and he has the title of that land, even if the possession is more than 12 years old, the owner will remain the same person whose name is the property. The occupant will not become the owner. And the owner of the property can forcefully vacate the possession.

Download Judgement, click here 

1 comment:

  1. I have one two room kitchen row house which I constructed in development agreement but the plot owner cheated me before he made agreement to sale the said block mentioning Kabja/ possession.after that he sold me the same opened plot instead of constructed block.I filed two criminal cases against the illegal tracepassers n plot original owner and no civil matter case filed for possession.i would like to know if Hon.Supreme court decision or as per judgement of 29.01.2019 Poonaram v s Motiram to vacate the block with reasonable force though the house trace passer has no Title of the property whether the block could be evacuated by reasonable force also police may support as protection please guide n suggest me n oblige