RAM RATTAN AND ORS. vs STATE OF UTTAR PRADESH

The Supreme Court held that under Section 441 IPC, a true owner can dispossess a trespasser only if the trespass is ongoing; if the trespasser has established possession, the owner must seek legal remedies. The Court found that the complainant, Ram Khelawan, was in peaceful possession of the land, and the appellants, who attempted to assert their rights through violence, could not claim the right of private defense. The appeal was dismissed, affirming the lower courts' findings of guilt against the appellants.