temperory injunction
Shekhar Warhate
(Querist) 11 September 2009
This query is : Resolved
i am defendant i have possession of suit land but in 7/12 extracct perva in the name of plaintiff. now i apply to tahsildar and requested to investigate the matter and put the name in perva the person who possessed suit land. the talathi in spot pachnama put his remark that the suit field in the possession of defendant. is it sufficient to prove the possession on suit land. the case is fixed for hearing on exh.5 tell me with recent case laws.riven
s.subramanian
(Expert) 29 July 2010
no. you have to prove your possession before the suit was filed by adducing independant evidence. the revenue entry has come into existence subsequent to the suit and hence hit by the docctrine of post litem motam.