RAMESH CHAND ARDAWATIYA versus ANIL PANJWANI

RAMESH CHAND ARDAWATIYA versus ANIL PANJWANI

The plaintiff, as an agreement holder in possession with the consent of the owner, has no title but has a possessory right that can be protected against everyone except a person with a better title. He is entitled to restoration of possession and injunctions on disturbance of such possession. The decree declaring him owner is modified to a declaration of possessory title only. Counter-claim after loss of right to file written statement is impermissible.

Parties
Appellant/defendant: Ramesh Chand Ardawatiya; Respondent/plaintiff: Anil Panjwani
Jurisdiction
India
Judgment Date
05 May 2003
Procedural Posture
Appeal / Supreme Court Appeal From High Court and Lower Courts' Dismissal of Defendant's Appeals
Outcome
Appeal partly allowed.
Legal Topics
Possessory Title, Specific Relief, Counter Claim Procedure, Jurisdiction of Civil Court, Agreement to Sell
Property Law Civil Procedure Possessory Title Specific Relief Counter Claim Procedure Jurisdiction of Civil Court Agreement to Sell

Case Brief

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Parties

Ramesh Chand Ardawatiya

Appellant/defendant

Anil Panjwani

Respondent/plaintiff

Procedural Posture

Appeal / Supreme Court Appeal From High Court and Lower Courts' Dismissal of Defendant's Appeals

Legal Issues

  1. 1 Whether a person in possession under an agreement to sale has title to the property or only a possessory title
  2. 2 Whether a counter-claim can be entertained after the written statement is not filed and proceedings are ex-parte
  3. 3 Whether Civil Court had jurisdiction in light of Rajasthan Co-operative Societies Act, 1965

Ratio Decidendi

The plaintiff, as an agreement holder in possession with the consent of the owner, has no title but has a possessory right that can be protected against everyone except a person with a better title. He is entitled to restoration of possession and injunctions on disturbance of such possession. The decree declaring him owner is modified to a declaration of possessory title only. Counter-claim after loss of right to file written statement is impermissible.

Court Disposition

Appeal partly allowed.

Orders

  • Decree declaring plaintiff as owner set aside; decree for declaration that from 1.12.1985 to 8.2.1987 plaintiff was in peaceful possession pursuant to agreement to sell substituted.
  • Defendant to remove construction if any and restore possession to plaintiff.