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CONTRACT
Under
supervision
Submitted by:
Ms.
Anubhav Jaiswal
Assistant professor
(Law
Roll no. 34
of
:-
Visalakshi
Of
IInd
semester
Contract)
Section - A
ACKNOWLEDGEMENTS :
I would like to take this opportunity to thank Ms. visalakshi whose valuable
support, guidance and advice has helped me to complete this project. I
would also like to thank the library staff for working long hours to facilitate
us with required material going a long way in quenching our thirst for
education. I would like to thank my seniors for guiding me through tough
times they themselves have been through, and lastly I would like to thank
my friends for keeping alive the spirit of competition in me.
Anubhav Jaiswal
INDEX
INTRODUCTION
FACTS
ISSUE
ANSWERING THE ISSUE
JUDGEMENT
CONCLUSION
BIBLIOGRAPHY
INTRODUCTION
If the property belongs to one person, the title acquired by one person in
possession is good against the whole world, except the true owner. In such
cases owner's title is absolute and perfect, while that of person in possession
is relative and imperfect. Nevertheless , if the latter is dispossessed, he can
sue for possession on the basis of possessory title. This is because he has the
better title than the tresspasser, as he has come earlier in possession. where
the tenant of the defendant is cultivating a piece of land, the plaintiff does
not obtain possesssion merely by placing a plough and some manure upon
the land; for applying this provision, possession must be an enduring one.
Section 5:
This section deals with the action for the recovery of possession of specific
immovable property based on title. The essence of the section is that
whoever proves a "better title" is a person entitled to possession. This title
may be on basis of possession or ownership. Thus suppose A enters into a
peaceful possession of land claiming it as his own although he might have
no title to it, still he can sue another who has forcebily outsted him from the
possession and who has no better title to it, because A although has no legal
title, but has a possessory title. The purpose behind section 6 is to restrain
people from taking law into their own hands and dispossess a person
withiout his consent otherwise in the due course of law.
A suit under section 5 is an ordinary suit under the general law and the
plaintiff has to prove that he has a better title. Further , Specific
performance can be decreed only againdt the executant of the contract
having the right to dispose of the property in question.
It is a principle in law that a person who has been in a long continuous
possession of immovable property, can protect the same by seeking an
injunction against any other person in the world except the true owner. It is
also a well settled principle that even the owner of the property can get back
his possession only by resorting to the due process of law.
Section 5 and section 6 give alternative remedies and are mutually exclusive.
Under Section 5 a person dispossed can get the property on the basis of
tiltle, whereas under section 6 a person dispossessed may recover possession
merely by proving previous possession and subsequent wrongful
dispossession. Under Section 6, he need not to prove a better title against the
occupier. The occupier will not be allowed to show his title by ownership,
contract, prescription or inheritance.
Dispossession:
The word "dispossessed" will include any violation of the sybolical
possession duly delivered in the corse of law. It occures when the defendant
deprives the plaintiff of actual possession, is taken actual possession by
another person. There is no Dispossession by the act of God{head note}.
The question in issue, in a case, under this section, is not whether the
transaction under which possession has been taken by the defendant is valid,
but whether the plaintiff was dispossessed without his consent.
Where the developer had handed over two flats to a purchaser along with
keys and the purchaser had certain constructions, it was held that the corts
below had rightly held that the purchaser had the control over the flats, and
he was in possession. There was no evidence to show that he had executed
the aforesaid work on behalf of the developer. Thus, in the circumstances it
was held that the devolper had taken forciable possession of the said flats.
The provision of this section cannot be invoked unless the plaintiff has been
deprieved of actual possession; though it has been held to cover
dispossession of symbolic possession. A true owner who renters without
delay has, in law, never lost possession.
The mere cutting of bundles of grass does not necessarily amount to
dispossession within the meanig of this section, nor is there dispossession by
the mere act of tresspass, nor can A be said to be dispossessed by B, if B
prevails upon A's tenants not to pay rent to A, and receives the rent himself;
nor can a purchaser whose attempts to gain possession are resisted be said to
be dispossessed. There is no dispossession where the right of a leassee to
collect cow dung and grass from specific plots is interfered with unless the
lessee is actually thrown out of the land by Force.
The principle of this section was applied for issuing a writ of Mandamus
where the plaintiff was dispossed by the government. Thus, in MRS
Ramkrishnan Vs Ass Director of Ex- Servicmen Welfare, a tenant in
possession of the leasehold property after the termination by the
government, it was held that he could not be dispossessed under due
authority of law even though it is a tenancy under the government, and was
entitled to get back possession of the property under this section.