name of Shivnandan Lal. Thus,
the claimants/respondents had acquired possessary title over the land
of plot no. 281 under khata no. 62, area ... extinguish the title over
the land and the respondents approved their possessary title over the
land in question and as such the learned Additional Judge
private compromise qua a land in
which possessary title is claimed by the respondents will not
affect the rights of third party thereto ... Gaon Sabha land and hence defendants cannot
claim any possessary title over the same as it was a land used for
public purposes. Further
failed to explain as to how
has he acquired the possessary title over the property. Possessary
title cannot be said to have been proved ... under Section 101 of the Indian Evidence
Act to establish his possessary title over the suit property was on
the plaintiff and only after that
Division Bench of the Calcutta High
Court held that possessory title itself can be a subject-matter of mortgage,
opining :
"Therefore, at the time ... Income Tax Act, 1922, this Court repelled a contention that a
possessary title in terms of Section 53-A of the Transfer of Property
lawful possession by ousting him from the suit property. Possessory title is a good title as against everybody other than the lawful owner. In Ismail ... Judicial Committee came to the conclusion that a person having possessary title can get a declaration that he was the owner of the land
made. It is held : -
"9. .... Possessory title is a good title as
against everybody other than the lawful
owner. In Ismail Arriff v. Mahomed ... Judicial Committee came to
the conclusion that a person having
possessary title can get a declaration that he
was the owner of the land
absolute title and possession in respect of the Malki properties and possessary title
in respect of lease hold items the moment Gutya died ... hereby declared on
the basis of Exh. P.1.
II. The possessary title of the plff. is hereby declared in respect of items
respondent has denied the alleged agreement for sale
and also denied the title and possession and stated that
in fact, he is in peaceful possession ... Though the appellant has
relied upon the document to establish his possessary
title over the property No.133 obviously the property
number which is allegedly
been framed:
(i) When title to immovable property is based on possessary title, whether the absence of document of title to sustain such claim would
following substantial questions of
law:
1. Can a suit for declaration of title and recovery of
possession be laid, without the Government on the party ... under the land conservancy Act be termed as a person
with possessary title.
3. Can it been said that the plaintiffs right of occupancy
