Decree of possession cannot be passed in favour of plaintiff merely because defendants were unable to fully establish their title.
The plaintiff acting as an attorney had filed a title suit on behalf of her principal, for declaration that her principal was the owner of the suit property. The decision of the Trial Court in decreeing the suit by holding that the plaintiff had right, title and interest in the property, was reversed by the Gauhati High Court. The plaintiff was not able to discharge the burden to establish legal ownership over suit property, by producing evidence and documents. A decree of possession cannot be passed in favour of the plaintiff merely because defendants were not able to fully establish their right, title and interest in the property. A person in possession of land in the assumed character as the owner, and exercising peaceably the ordinary rights of ownership, has a legal right against the entire world except the rightful owner. The Supreme Court held that the defendants cannot be dispossessed unless the plaintiff established a better title and rights over the suit property.