aforesaid suit was filed for a declaration
that the plaintiff had possessory title. A prayer was also made for eviction of
defendant ... Government. The suit was
decreed by holding that the plaintiff had possessory title and the defendant
Nos.2 to 7 were trespassers. The appellate Court
declaration of title or in the
alternative declaration of possessory title and consequential injunction to
protect possession in respect of the suit property ... suit property by way of
sale deed or by way of possessory title?
2.Whether the suit property was in the possession of the defendant
predecessors in interest for several years, they have acquired possessory title to the suit property, which is heritable and alienable and the said possessory right ... that the plaintiffs or their predecessors in title had title to the suit property or had possessory title to the suit property as such, when
possession of the suit property is
only claimed as per the possessory title and of dispossession within six
months prior to the subject suit having ... ownership title to the suit property
but that he had a possessory title to the suit property from 1953-1954,
and at least since
possession, he impliedly seeks from the
Court a declaration of his possessory title.
Page 7 of 16
C/SA/215/2016 JUDGMENT
18. Now, when ... owners of the land on the basis
of their possessory title which rested on their alleged tenancy
in respect of the suit land
prior
possession. Such a suit is described as one based on `possessory title'.
But in such a suit filed by the dispossessed plaintiff beyond ... better title,
possession or prior peaceful settled possession is itself evidence of title. Law
presumes the possession to go with the title unless rebutted
possession, he impliedly seeks from the
Court a declaration of his possessory title.
16. Now, when a party, claiming to be in possession, claims ... owners of the land on the basis
of their possessory title which rested on their alleged tenancy
in respect of the suit land
prior
possession. Such a suit is described as one based on `possessory title'.
But in such a suit filed by the dispossessed plaintiff beyond ... better title,
possession or prior peaceful settled possession is itself evidence of title. Law
presumes the possession to go with the title unless rebutted
contended further that the plaintiff has claimed merely possessory title, which is not
maintainable in law, particularly in view of absence of proper pleadings ... Kiritbhai Jalkrushnabhai Thakkar and ors.]
15. As to possessory title, learned counsel for opposite party no. 1 submits that the averment of
uninterrupted and peaceful
Plaintiff-appellant instituted the suit for declaration of
possessory title over the suit land, for a declaration that the
defendants have no of manner ... binding on the parties. The prayer of the plaintiff for
possessory title over the suit land cannot be granted, since the State
Government
