Rame Gowda (D) By Lrs vs M. Varadappa Naidu (D) By Lrs. & Anr on 15 December, 2003
19.The Hon'ble Supreme Court of India in case titled as Rame
Gowda VS. M Varadappa Naidu AIR 2004 SC 4609 has
observed that :
" So far as the Indian law is concerned the person in peaceful
possession is entitled to retain his possession and in order to protect
such possession he may even use reasonable force to keep out a
trespasser. A rightful owner who has been wrongfully dispossessed of
land may retake possession if he can do so peacefully and without the
use of unreasonable force. If the trespasser is in settled possession of
the property belonging to the rightful owner, the rightful owner shall have
to take recourse to law: he cannot take the law in his own hands and
evict the trespasser or interfere with his possession. The law will come
Suit No. 470/10 Page no. 8 of 10
to the aid of a person in peaceful and settled possession by injecting
even a rightful owner from using force or taking law in his own hands,
and also by restoring him in possession even from the rightful owner ( of
course subject to the law of limitation) if the latter has dispossessed the
prior possessor by use of force."