Poona Ram vs Moti Ram (D) Th. Lrs. & Ors.
2019 INSC 101, (2019) 11 SCC 309, 2019 Scc Online SC 91
Coram: Hon’ble Justice N.V. Ramana & Hon’ble Justice Mohan M. Shantanagoudar
Forum: Hon’ble Supreme Court of India
Case No.: Civil Appeal No. 4527 of 2009
Date of Decision: January 29, 2019

Facts/Background:

  • The Appellant, Poona Ram, challenged the judgment passed by the High Court of Rajasthan. The Appellant was also contesting the suit for title and possession of the property filed by the Respondent.
  • The Respondent was Moti Ram, who filed a suit for the declaration of title and possession of the property. Moti Ram claimed possessory title based on his alleged prior possession of the property and stated that he had been wrongfully dispossessed by the Appellant on 30.04.1972.
  • The cause of action arose when Moti Ram alleged that the Appellant wrongfully dispossessed him on 30.04.1972 within the 12 years preceding the filing of the present suit. The plaintiff sought to recover possession based on prior possession.
  • The case was initially filed in the Trial Court, where the Respondent's suit for title and possession was decreed in his favour.
  • However, the First Appellate Court reversed the Trial Court's decision to dismiss the suit, finding that the defendants had proven their title and possession of the property.
  • The suit reached the present Court after the High Court of Rajasthan dismissed the appeal and the review petition filed by the Respondent.

Main Issue:

  • Whether the plaintiff had a valid title over the suit property and was in settled possession, requiring lawful dispossession? (Paragraph 4)