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Day: March 21, 2019

Can a prohibitory injunction be granted against the true owner and in favour of a trespasser?

Posted on March 21, 2019September 8, 2020 by Pulkit Chandna

That a trespasser can sue to recover possession of an immoveable property when dispossessed of it other than through the due process of law is not in doubt (so long as they were in settled possession). But what about a trespasser who is fearful of be...

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Can a trespasser sue to recover possession if dispossessed forcibly (without due process of law)?

Posted on March 21, 2019September 8, 2020 by Pulkit Chandna

Indian law puts a premium on settled possession, even if it’s a trespasser who is so possessed of an immovable property. The Supreme Court has repeatedly ruled that possession is to be respected even if it is not accompanied by title, and nobody (inc...

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