While giving the judgment in Poona ram vs Moti Ram case, the apex court said that no person can illegally occupy the property of another. If someone takes such possession in someone else’s property, then the aggrieved party can by force evacuate themselves. However, it is important that you own that property and it should be in your name, ie you have the title of that property.
In Poona Ram vs Moti Ram’s case, the Supreme Court said that if you have a property title, you can forcefully vacate the possession from your property even after 12 years. There is no need to file a case in court for this. Yes, if the title of the property is not with you and the occupation has been 12 years, then you will have to file a case in court. Specific Relief Act 1963 has been made for the legal proceeding of such cases.
Provision has been made under Section 5 of the Specific Relief Act to vacate the illegal possession form the property. However, a first step should be taken in the dispute of the property, So that the occupant cannot nor sell it on that property.
According to Section 5 of the Specific Relief Act, if a property is in your name, that is, you have the title of that property and someone has occupied that property illegally, then the Civil Procedure Code (CPC) to vacate it A lawsuit has to be filed.
When was the case of Poona Ram vs Moti Ram
Poona Ram is a resident of Barmer, Rajasthan. In the year 1966, he had bought land from a vassal, Which was not one place, but many different places. When it came to the ownership of the land, it was revealed that the land is occupied by a person named Moti Ram. However, Moti Ram did not have any legal documents of the land. After this Poona Ram filed a court case to get possession of the land. In the case, the trial court ruled in favor of Poona Ram and order Moti Ram to vacate the possession.