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Civil Property & InheritanceSupreme Court of India

Samser Singh & Anr. v. Nahar Singh (D) Thr. LRs. & Ors.

Civil Appeal · 2019 INSC 820Decided 29 Jul 2019
Civil Appeal No. 5632 of 2019
Justice Ashok Bhushan · Justice Navin Sinha

Background

The dispute involved a Calcutta property where the appellants had obtained ex-parte decrees of title in 1994 and taken possession through court bailiffs with police assistance in 1996. The respondent, who had earlier run a business on the premises and separately claimed title by adverse possession (a claim ultimately dismissed in a separate suit), filed applications under Order XXI Rules 98-100 CPC to be restored to possession after being dispossessed; the Executing Court rejected his application, but the Calcutta High Court reversed that and ordered him restored to possession, holding that title need not be examined in such proceedings.

Decision Breakdown

The Supreme Court held that the High Court was wrong to say that questions of right, title, or interest need not be decided in proceedings under Order XXI Rules 99-101 CPC: in fact, a person seeking to be restored to possession after dispossession in execution must affirmatively establish his own title (here, by proving adverse possession), and mere prior possession is not enough. Since the respondent had failed to prove his claimed title by adverse possession, and his separate suit making that very claim had since been dismissed, his application could not succeed. The Supreme Court therefore set aside the High Court's judgment and restored the Executing Court's order rejecting the respondent's application, with each side bearing its own costs.

Lesson Learnt

In disputes over who should hold possession of property after a court-ordered dispossession, simply having lived on or used the property before is not sufficient: a claimant must actually prove his legal right or title to the property to be put back into possession.

Samser Singh & Anr. v. Nahar Singh (D) Thr. LRs. & Ors. – Legal Case Shots | LegalAware