Trespasser

Suit for possession instituted by the respondent/plaintiff was dismissed, but the Appellate Court allowed the appeal of the respondent/plaintiff and decreed the suit in his favour

Contention of the petitioners was that suit for possession was not maintainable being time barred and having been filed without seeking declaration of title

Validity

Respondent purchased property from Khasra No.746, however, possession was handed over to him from Khasra Nos.745 and 746 as the predecessor-in-interest of the petitioners was owner in both the Khasras, thus, petitioners had not thrown any serious challenge to the title of the respondent and as such objection of the petitioners qua maintainability of suit for possession was without any force

Person is only obliged to seek declaration when somebody is interested to deny his legal right or character as ordained in S. 42 of the Specific Relief Act, 1877

Petitioners were claiming protection of their possession on the plea of "adverse possession", thus, when they had no title to the suit property, they could only be termed as "trespassers"

With the afflux of time illegal possession upon the property of the other, irrespective of howsoever long it is, would not extinguish the ownership of the actual owner and validate the possession of trespasser

Knocking out the respondent on account of limitation would amount to giving premium to the petitioners under the obsolete provisions of law i.e. S.28 and Art. 144 of the Limitation Act, 1908, which had already been declared as deviant to the Quranic Injunctions

Civil revision was dismissed, in circumstances.

Trespasser has no vested right.

Trespasser has no vested right in the property.

Trespasser -Meaning. Trespass means that a person or party has obtained possession of property unlawfully.

Intention essence and gist of.

Trespasser -Recovery of possession from-Decree for eviction of trespasser can validly be passed in a suit by one of co-sharers where all remaining co-sharers are made parties.

Suit for possession against, by only one of two co-sharers-Decree-Extent.