Maria Margarida Sequeira Fernandes v. Erasmo Jack de Sequeira [(2012) 5 SCC 370]
Essential points to plead for a person claiming possession
of the property
70. It would be imperative that one who claims
possession must give all such details as enumerated hereunder. They are only
illustrative and not exhaustive.
(a) who is or are the owner or owners of the
property;
(b) title of the property;
(c) who is in possession of the title documents
(d) identity of the claimant or claimants to
possession;
(e) the date of entry into possession;
(f) how he came into possession -whether he purchased
the property or inherited or got the same in gift or by any other method;
(g) in case he purchased the property, what is the
consideration; if he has taken it on rent, how much is the rent, license fee or
lease amount;
(h) If taken on rent, license fee or lease -then
insist on rent deed, license deed or lease deed;
(i) who are the persons in possession/occupation or
otherwise living with him, in what capacity; as family members, friends or
servants etc.;
(j) subsequent conduct, i.e., any event which might
have extinguished his entitlement to possession or caused shift therein; and
(k) basis of his claim that not to deliver possession
but continue in possession.