If you are in possession of property, no one can remove you without DUE PROCEDURE of law

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This point has been argued again and again in many courts.

On 12 March, 2012, three judges of Supreme Court restated law in case of Maria Versus Erasmo

“Possession of past is one thing, and the right to remain or continue to remain in possession in future is another thing”

The three judges have tried to lay down that No one can take law in his own hand. Even a trespasser cannot be dispossessed without recourse to procedure of law.

If you are in possession of property but you have no documents to prove your title, then what?

The Judges said, Two things are separate. Title is one thing. And Right to Continue in possession is different thing.

Judges explained, how even without title of property, you can establish your Right to Remain in Possession in present and in future also.

Those who need more detail can find this judgement dated 21/3/2012 on website of Supreme Court or in 2012(3) Scale page 550

Haresh Raichura
4/9/2012

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