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Possession – Working Rule for determining the attributes of ’Settled Possession’

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Possession – Settled Possession – the Court has found the plaintiff as having failed in proving his title. Nevertheless, he has been found to be in settled possession of the property. Even the defendant failed in proving his title over the disputed land so as to substantiate his entitlement to evict the plaintiff. The Trial Court therefore left the question of title open and proceeded to determine the suit on the basis of possession, protecting the established possession and restraining the attempted interference therewith. The Trial Court and the High Court have rightly decided the suit. It is still open to the defendant-appellant to file a suit based on his title against the plaintiff-respondent and evict the latter on the former establishing his better right to possess the property. Rame Gowda v. M. Varadappa Naidu, AIR 2004 SC 4609 : AIR 2004 SCW 4205 : 2004 (2) ALD 31 : 2004 (3) Bom.C.R. 788 : 2003 (10) Scale 950 : (2004) 1 SCC 769 : 2003 (6) Suppl. SCR 850 : 2003 (8) Supreme 928