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1 - 10 of 11 (0.22 seconds)Article 65 in Constitution of India [Constitution]
Article 58 in Constitution of India [Constitution]
Section 41 in The Transfer Of Property Act, 1882 [Entire Act]
The Limitation Act, 1963
Section 31 in The Specific Relief Act, 1963 [Entire Act]
Nair Service Society Ltd vs Rev. Father K. C. Alexander & Ors on 12 February, 1968
In Nair Service Society Ltd vs Rev. Father K. C. Alexander & Ors, AIR 1968 SC 1165 the Court said that, Article 64 contemplates suit by persons based wholly and solely on the strength of previous possession of plaintiff and is independent of position of plaintiff as owner, mortgagee, lessee etc. In suits based on possession the plaintiff's legal status is irrelevant. Such suit can be filed by owners-mortgagees not qua owners or mortgagees and also by trespassers. On the contrary, if plaintiff wants to assert and vindicate his right to possession qua owner, mortgagee, lessee etc. he must prove his title as such and his suit would fall under Article 65. In a suit governed by Article 64 if the defendant can prove a better title, the suit will fail but otherwise it may be decreed. In other words, a person having trespasser title over property for which he has only to prove his previous possession and dispossession, it would be governed by Article 64.
The Specific Relief Act, 1963
Qadir Bux vs Ramchand And Ors. on 19 March, 1969
In Qadir Bux vs Ramchand And Ors., AIR 1970 All 289 this Court said that a suit for possession under Act, 1963 has to be governed either by Article 64 or 65. No such suit can be governed by both Articles. Suits which are governed by Article 65 are based purely on plaintiff's title.