Krishna Ram Mahale v Shobha Venkat Rao (1989)

Contract I · Recovery of Possession

Facts.

A person in settled possession of premises was sought to be dispossessed otherwise than by due process of law.

Issue.

Can a person in settled possession be evicted except in accordance with law?

Held.

The Supreme Court held that a person in settled possession cannot be dispossessed except in due course of law, even by the true owner; possession itself is protected.

Why it matters.

It underpins s.6 of the Act — the protection of possession and the rule that no one may take the law into his own hands — a recurring point in possession problems.

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