basis of reasoning that the
respondent/plaintiff had a better title in comparison to the
appellant/defendant. Learned counsel for the appellant has prayed ... Appellate Court as there was no evidence
to prove either the better title or relationship between the parties to be that of
an owner
away all the
five plots to the respondents. Nobody can pass better title than what he/
she is having.
• Be that as it may, application ... secretly sold away by her to the
respondents. Nobody can pass better title than what he/she is having
and nobody can get a better
possession is
recovered by the lawful owner or who is having better
title by means of due process of law. The proof of
previous possession ... though the
adverse party may be a true owner or having better
title over the property.
28. Another policy underlying in the above said
provision
eviction suit on the ground that
the applicant has a better title and, therefore, is a landlord,
hence, entitled to contest the suit for eviction ... Rule
10 CPC on the premise that he has a better title to the suit
property. That apart, plaintiff is a dominus litus and,
therefore
strength of his possession visit
interference from persons who have no better title than
himself to the suit property. Once it is accepted ... interference by some one who is not proved to have a
better title than himself to the suit property. On the
findings arrived
District Revenue Officer with regard to which party holds better title, whereas the revenue Courts have no jurisdiction to embark upon resolution of title disputes ... cannot enter into the fact that as to who has got better title over the other. Ass the more so when the title is disputed
learned trial
Judge erred in holding that the respondent had a better title to the
suit pitch as compared to the appellant, since, the respondent ... main issue in this case was whether the
respondent had a better title to the suit pitch than the appellant.
Upon detailed consideration of both
well settled that a
vendor cannot pass a better title than what he himself possess. Reliance is
placed upon a decision ... that
no person can confer on another a better title
than he himself has."
Similarly, in Union of India and others Vs. Robert Zomawia
land through the legal heirs of Kalappa Naicker, can have no better title than his vendor and since the title itself is defective, application taken ... land through the legal heirs of Kalappa Naicker can have no better title than his vendor and the Courts below, on a proper consideration
possession. The Court held that the defendants have not established better title to the suit property and hence, they are bound to deliver possession ... others who have title over the property, it is for the other rival title holder to question the title of plaintiff's vendor
