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karthik (advocate)     28 March 2012

Valid documents for possession

Dear members,

'P' the plaintiff filed suit for permanent injuction against 'D' the defendant regarding the house. House tax receipts from 1956 to 1998 (house dilapidated in 1998) and patta stands in the name of P and encumbrance certificate from 1956 to till date shows no encumbrance. The contention of D is that the father of P got handloan from father of D,since it is not repaid through court sale the house was handed to father of D in 1964 and from then he is in possession. But no document was produced by D to show that the house was handed to his father through court sale. Whether P can succeed in his case?What is the procedure during handing over a property through court sale and in which revenue document it will reflect?kindly give your views.very urgent



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     28 March 2012

Dear Colleague,

D would have to produce the SALE CERTIFICATE granted by the court. Onus lies on him. Presuming P is the person continuing in possession - prima facie he appears to be entitled to continue. Possession is the nine points of onwership and prima facie evidence of ownership - and onus lies on D to prove that P is not owner


(Guest)

Sale Certificate and Index maintained by the registering authorities.

karthik (advocate)     30 March 2012

thank you sir.please quote any judgements in favour of P

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