Presumption Of Possession Should Favor the Party Possessing Valid Title Deeds: Kerala High Court

In a significant legal ruling, the Kerala High Court has upheld the importance of valid title deeds in resolving property disputes. The judgment came in a case involving a contested property spanning 15.89 cents of land. The Court affirmed the lower courts’ decisions, highlighting the central role of documented ownership and the presumption of possession in land boundary disputes.

The case centered on a dispute between the plaintiff and the defendants regarding specific plots within the larger property. The plaintiff asserted ownership and possession of these plots, while the defendants contested the claim.

Initially, the trial court ruled in favor of the plaintiff, recognizing his title to the land and ordering the demarcation of boundaries. The first appellate court upheld this decision. Subsequently, the defendants filed a Regular Second Appeal in the Kerala High Court, challenging the concurrent judgments of the lower courts.

During the proceedings, the Court examined the applicability of Rule 56 of the Kerala Survey & Boundaries Rules, 1964. This rule establishes permissible limits of error in recorded areas of fields or sub-divisions. However, the Court emphasized that Rule 56 should not supersede the rights and titles established through valid title deeds and possession. This assertion was particularly relevant since the dispute did not fall within the purview of a ‘boundary dispute’ as defined in the relevant legislation.

The judgment emphasized that the presumption of possession should favor the party possessing valid title deeds. In this case, the Court presumed that a narrow strip of land at the heart of the dispute was in the plaintiff’s possession, based on the available evidence and the parties’ statements.

Ultimately, the Kerala High Court concluded that the plaintiff had adequately proven his title to the disputed property, while the defendants failed to establish a valid claim. Consequently, the Court upheld the decisions of the lower courts, dismissing the Regular Second Appeal.

Date of Decision: 28^th November 2023

ELAMBILAN NANI AMMA VS  MULAVANA ANTONY