Topic
Madhya Pradesh High Court holds that a gram panchayat cannot remove encroachments without following Section 56 procedure, restoring trial court’s injunction in favour of the plaintiff.
The Bombay High Court has ruled that long-standing or affectionate possession by a caretaker, without any legal title or lease, cannot justify an injunction against the true owner. Possession must be surrendered upon demand, reinforcing that mere physical control does not equate to lawful right under property law - a critical clarification for landlords, property managers, and tenants in urban disputes.
The Andhra Pradesh High Court ruled that long-standing possession, even if undocumented, entitles occupants to due process under Article 300-A before eviction. The judgment prohibits arbitrary demolition or dispossession by state or private actors, reinforcing constitutional safeguards against forced displacement without legal procedure.
Bombay HC Nagpur Bench rules that a transferee in settled possession of tribal land cannot be forcibly dispossessed, even if the transfer agreement is void under Section 36-A of the Maharashtra Land Revenue Code. The ruling reinforces common law protection of possession, impacting land disputes involving tribal and non-tribal parties.
The Chhattisgarh High Court held that mere registration of a sale deed cannot override evidence of settled possession and material stamp duty underreporting, which together reveal fraudulent misrepresentation of property extent. This ruling empowers plaintiffs in property disputes to secure interim relief without waiting for full trial, reinforcing that procedural formality cannot mask substantive fraud.