LAW OF SPECIFIC RELIEF 291
(iii) Prior possession, however short, is itself a title against a mere wrong-doer and a bare plea of anterior possession, and dispossession, is in fact a good ground for recovery of possession,
(1) Where the dispossessor can prove no title, or
(2) Where neither party can prove a title.
Statement of the Position
A is B in Possession dispossessed by
(a) with title
(b) (a) without without title title
(b) with title
I. Suit brought within 6 months.—
(a) and (a) A can recover possession under Section 9 irrespective of title. (b) and (b)
(b) and (a)
II. In a suit brought after six months.—
(a) and (a) A can recover, because the title is in A. (b) and (b) A cannot recover, because the title is in B. (b) and (a) A can recover, because of A’s anterior possession.
Entitled to Possession
A right to possession exists either.—
(i) as a part of ownership or
(ii) independently of ownership, as a temporary or special right.
These special rights arise either.—
(i) by the act of the owner or,
(ii) otherwise than by the act of the owner.