exclusive categories of suits, one based on title and another based on possession, that a possessory suit can only be filed within 6 months ... title but also governed suits for possession upon dis-possession or discontinuance of possession where suits were based on title,
Suleman C. J., observed
suit based on previous possession filed after six months from the date of dispossession, and (iii) a suit based on title. It is not unreasonable ... adverse possession is a defense to a suit falling under that Article. If suits based on title are included under that Article, then the astonishing
title. The suit would lie even when the
defendant sets up his title in such suit.
b) A suit for recovery of possession based ... applicable to the suits
for possession based on possessory rights or to the suits based on title has
not been thoroughly debated, discussed and decided
Suit based on title-If barred by decision of
revenue officer.
HEADNOTE:
The suit of the appellant as khatedar of the land in
dispute ... exclude the jurisdiction of the civil court
to entertain a suit based on title. [621 E-F]
Section, 200(1) bars the civil court from
action for the suit was within twelve years of the suit, while if the suit is not for possession based on the ground of dispossession ... amendment to the plaint was allowed and the suit was converted into a suit based on title.
18. From what has been stated above
possession which are not based on title, but based on previous possession, and Article 65 thereof deals with suits for possession based on title. Article ... claiming recovery of possession basing on his title. Therefore, if the appellants establish their title to the suit land, the burden of proof would
ordinary civil courts. The suit under section 13 , however, is distinguished from a suit for possession based on title by the following features, namely ... suit, though friable by the same court, would, therefore, change from a suit based on tenancy to a suit based on title. The legal representatives
suit where the action is founded on title, whereas Article 65 applies to the categories of suit where the action is founded on title ... There is a clear cut distinction between suits based on prior possession and suits based on title. The decisions of Courts on the interpretation
only to cases where suit is based on possessory title and not to cases based on proprietary title as well. An answer to this question ... only to cases based on possossary title but also to cases based on proprietary title when plaintiff alleges dispossession from the suit property
case laws involving suit for possession of
immovable property based on title shows that title suit for possession has two
parts, first, adjudication of title ... suit for
possession based on previous possession whereas Article 65 of the Limitation
Act, 1963 takes care of suit for possession based on title
