Plaintiff has to succeed only on strength of his case and not on weak defence case in a suit for declaration of title and possession-SC 2014

Union of India and others Vs. Vasavi Co-op. Housing Society Ltd-2014-POSSESSION AND TITLE- A family settlement is based generally on the assumption that there was an antecedent title of some kind in the purchase and the arrangement acknowledges and defines what that title was. In a family settlement-cum-partition, the parties may define the shares in the joint property and may either choose to divide the property by metes and bounds or may continue to live together and enjoy the property as common.

The Concept of Possession: Why it needs to be protected

Possession is to be protected because a man by taking possession of an object has brought it within the sphere of his will. He has extended his personality into or over that object. As Hegel would have said, possession is the objective realization of free will. And by Kant’s postulate, the will of any individual thus manifested is entitled to absolute respect from every other individual, and can only be overcome or set aside by the universal will, that is, by the state, acting through its organs, the courts.

Possession Lawful in case of tenancy

In  M. C. Chockalingam & Ors v. V. Manickavasagam 1974 (1) SCC 48, where it was held inter alia, that: “Lawful possession cannot be established without the concomitant existence of a lawful relationship between the landlord and the tenant. This…