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december 2003

Supreme Court of India · 2003-12-15

SH.RAME GOWDA(D)BY L.RS. vs M.VARADAPPA NAIDU(D)BY L.RS.

Citation / case number
SC 1997/11559
Court
Supreme Court of India
Petitioner
SH.RAME GOWDA(D)BY L.RS.
Respondent
M.VARADAPPA NAIDU(D)BY L.RS.
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 land, emphasizing that possession is a vital legal right protected by law. The Court clarified that even if the plaintiff failed to prove title, his possession must be safeguarded unless dispossessed through due process. The ruling reinforces the principle that possession is a good title against all but the true owner, as stated in Salmond's Jurisprudence.

SH.RAME GOWDA(D)BY L.RS. vs M.VARADAPPA NAIDU(D)BY L.RS. · Niyam