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october 1969

Supreme Court of India · 1969-10-16

SOMNATH BARMAN vs DR. S. P. RAJU & ANR.

Citation / case number
SC 1966/60021
Court
Supreme Court of India
Petitioner
SOMNATH BARMAN
Respondent
DR. S. P. RAJU & ANR.
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court ruled that under Section 9 of the Specific Relief Act, 1877, a plaintiff can seek possession of immovable property even if the suit is filed more than six months after dispossession, provided prior possession is established. The court emphasized that possessory title is sufficient against a wrongdoer, and the trespasser cannot resist the suit by claiming title in a third party. The appeal was allowed, reversing the High Court's decision and upholding the plaintiff's right to possession despite the lack of established title.

SOMNATH BARMAN vs DR. S. P. RAJU & ANR. · Niyam