Recovery of possession of immovable property

Recovery of possession of immovable property—Person resisting the title holder’s claim to possession and claiming right to continue in possession, held, must give all such details as enumerated here under—They are only illustrative and not exhaustive.
(a) who is or are the owner or owners of the property;
(b) title of the property;
(c) who is in possession of the title documents
(d) identity of the claimant or claimants to possession;
(e) the date of entry into possession;
(f) how he came into possession - whether he purchased the property or inherited or got the same in gift or by any other method;
(g) in case he purchased the property, what is the consideration; if he has taken it on rent, how much is the rent, license fee or lease amount;
(h) If taken on rent, license fee or lease - then insist on rent deed, license deed or lease deed;
(i) who are the persons in possession/occupation or otherwise living with him, in what capacity; as family members, friends or servants etc.;
(j) subsequent conduct, i.e., any event which might have extinguished his entitlement to possession or caused shift therein; and
(k) basis of his claim that not to deliver possession but continue in possession.

Apart from these pleadings, the Court must insist on documentary proof in support of the pleadings—All those documents would be relevant which come into existence after the transfer of title or possession or the encumbrance as is claimed—While dealing with the civil suits, at the threshold, the Court must carefully and critically examine pleadings and documents—The Court will examine the pleadings for specificity as also the supporting material for sufficiency and then pass appropriate orders.


File Name:- SC_MAY 2012_3
Citation: - 2012 APEX LAW JOURNAL.COM (S.C.) 575