Dispossession is wrongfully taking possession of land from its rightful owner. The word “dispossession” applies only to cases where the owner of land has ‘by the act of some person, been deprived altogether of his dominion over the land itself on the receipt of its profits (Gobind Lall Seal Vs. Debendronath Mullick).

In Sundara Sastrial Vs. Govinda Maudaroyan the Honbl’e Madras High Court observed that in order to constitute dispossession there must in every case be positive act which can be referred only to the intention of acquiring exclusive control.

Remedy available to a person Dispossessed: The person dispossessed can bring an action to recover possession of the land. It is sufficient if the plaintiff proves a better right than the defendant’s even though it is inferior to that of some third person (Davison Vs. Gant).

Defences: The following defences are available to the defendant in such action

(i) That the defendant has a better title than the plaintiff, and

(ii) Prescription, that is, the defendant having held the immovable property or enjoyed the interest for twelve years and upwards, the plaintiff’;s title has thereby become extinguished and the defendant has acquired a good title.

It should be noted that the trespasser who enters on another person’s land cultivates thereon does not thereby become entitled to the produce (Maung Key Vs. Moung the Hon).

Leave a Comment