Potior Est Conditio Possidentis

Potior est conditio possidentis (the condition of the actual possessor is stronger)-In-between houses compound in common use of parties- Defendant blocking door of plaintiffs' houses by constructing wall around compound-Parties found unauthorised occupants of plots whereupon houses situated-Common compound not belonging to parties but Municipal land-Plaintiffs using compound without permission of Municipal Authorities-Held, both parties in pari delicto and doctrine of pari delictum (namely when both parties equally at fault, law favours party in possession) applies-,Meld further, plaintiffs have no cause of action for relief of declaration and injunction against defendant-Civil Procedure Code (V of 1908), O. XXXIX, rr. 1 & 2-Specific Relief Act (I of 1877), S. 5.