Settled Possession Cannot Be Disturbed Except by Due Process of Law: High Court Upholds Rightful Possession

In a landmark judgment, the High Court of Judicature at Patna has reinforced the principles of lawful possession and property rights. Presided over by Honourable Mr. Justice Sunil Dutta Mishra, the court dismissed a Civil Revision Application pertaining to a dispute over the possession of immovable property, emphasizing that “settled possession cannot be disturbed except by due process of law.”

The case, centered around a property dispute, Involved a plaintiff seeking restoration of possession under Section 6 of the Specific Relief Act. The judgment, delivered on November 10, 2023, carefully examined the possession and dispossession dynamics within the stipulated six months period. The court observed that in proceedings under Section 6, the primary concern is the verification of possession and not the investigation of the property’s title. This summary procedure is a testament to the legislature’s intent to prevent forcible dispossession without legal sanction.

Justice Mishra’s verdict underlined the limited scope of the High Court’s revisional jurisdiction in cases decided under Section 6 of the Specific Relief Act. Citing precedents from the Supreme Court, the judgment made it clear that while appeals and reviews are barred under this section, the High Court may intervene in exceptional circumstances.

The court's decision has been widely appreciated for Its balanced approach in affirming the trial court’s findings. The trial court had ruled in favor of the plaintiff, recognizing their possession of the disputed land and subsequent unlawful dispossession.

Representing the petitioners were advocates Mr. Shiv Shankar Sharma and Mr. Pankaj Kumar, while the opposite party was represented by Mr. Ganpati Trivedi, Sr. Advocate, along with Mr. Madan Mohan, Mr. Ritik Shah, and Ms. Aishwarya Shree.

This judgment is significant as it reinforces the sanctity of possession rights and the importance of adhering to legal procedures in property disputes. The High Court’s emphasis on the due process of law in cases of dispossession highlights the judiciary’s commitment to upholding the rule of law and property rights in India.

 Date of Decision: 10-11-2023

Dilip Sharma VS Badal Tiwary