LEGAL LEARNING – SHRI GANPATI JURISTS
🔷 Legal Learning: Protection of Settled Possession 🔷
➡️ Settled Possession & Protection Against True Owner
A person in peaceful and settled possession of property, even without title, is legally entitled to protect such possession against forcible dispossession by the rightful owner.
➡️ Key Principle:
Courts will protect settled possession by restraining even the true owner from taking law into their own hands. Forcible dispossession is impermissible.
➡️ Important Observations:
✅ A plaintiff, though holding title to only a part of the land, proved settled possession over the entire property for 20+ years.
✅ Oral & documentary evidence corroborated the long-standing possession.
✅ The Trial & Appellate Courts rightly granted prohibitory injunction.
➡️ Legal Position:
✔️ Possession is protected by law
✔️ Title disputes must be resolved legally, not through force
✔️ Courts will injunct wrongful dispossession attempts, even by title holders.
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