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Suit No. 36174/16 Smt. Malti Vashisth Vs. Smt. Kamlesh Chhibber Page 8 of 12
24. We may also refer to judgment of this Court in
Nair Service Society Ltd. v. K.C. Alexander [Nair
Service Society Ltd. v. K.C. Alexander, AIR 1968 SC
1165] , where a three-Judge Bench of this Court
presided by Hidayatullah, J. has reiterated the
principle that possession is good against all but the
true owner. The principle enumerated in judgment
of Judicial Committee in Perry v. Clissold [Perry v.
Clissold, 1907 AC 73 (PC)] , was noticed in para 17
to the following effect : (Nair Service Society Ltd.
case [Nair Service Society Ltd. v. K.C. Alexander,
AIR 1968 SC 1165] , AIR pp. 1173-174)
"17. In our judgment this involves an incorrect
approach to our problem. To express our meaning
we may begin by reading Perry v. Clissold [Perry v.
Clissold, 1907 AC 73 (PC)] , to discover if the
principle that possession is good against all but the
true owner has in any way been departed from.
Perry v. Clissold [Perry v. Clissold, 1907 AC 73
(PC)] reaffirmed the principle by stating quite
clearly : (AC p. 79)
'It cannot be disputed that a person in possession of
land in the assumed character of owner and
exercising peaceably the ordinary rights of
ownership has a perfectly good title against all the
world but the rightful owner. And if the rightful
owner does not come forward and assert his title by
the process of law within the period prescribed by
the provisions of the Statute of Limitations
applicable to the case, his right is for ever
extinguished, and the possessory owner acquires an
absolute title."