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december 2003

Supreme Court of India · 2003-12-15

Rame Gowda (D) By Lrs vs M. Varadappa Naidu (D) By Lrs. & Anr

Citation / case number
AIR 2004 SUPREME COURT 4609
Court
Supreme Court of India
Petitioner
Rame Gowda (D) By Lrs
Respondent
M. Varadappa Naidu (D) By Lrs. & Anr
Author
R.C. Lahoti
Bench
R.C. Lahoti, B.N. Srikrishna, G.P. Mathur

Judgment text excerpt

The Supreme Court upheld the Trial Court's injunction restraining the defendant from interfering with the plaintiff's possession of the disputed property, emphasizing that possession is a vital legal right that must be protected. The Court clarified that even if the plaintiff failed to prove title, his possession entitled him to protection against unlawful dispossession. The judgment reinforced the principle that possession can serve as a provisional title, allowing the possessor to defend their rights until dispossession occurs through due process of law.

Rame Gowda (D) By Lrs vs M. Varadappa Naidu (D) By Lrs. & Anr · Niyam