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2003 (12) TMI 583 - SC - Indian LawsRestrained from interfering with the possession and enjoyment of the suit schedule property by the respondent - whether the defendant had succeeded in proving his title or not? Held that:- Appeal dismissed. Even the defendant failed in proving his title over the disputed land so as to substantiate his entitlement to evict the plaintiff. The Trial Court therefore left the question of title open and proceeded to determine the suit on the basis of possession, protecting the established possession and restraining the attempted interference therewith. The Trial Court and the High Court have rightly decided the suit. It is still open to the defendant-appellant to file a suit based on his title against the plaintiff-respondent and evict the latter on the former establishing his better right to possess the property.
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