118. Disputes relating to ownership and possession

In an action for recovery of possession of immovable property, or for protecting possession thereof, upon the legal title to the property being established, the possession or occupation of the property by a person other than the holder of the legal title will be presumed to have been under and in subordination to the legal title, and it will be for the person resisting a claim for recovery of possession or claiming a right to continue in possession, to establish that he has such a right. To put it differently, wherever pleadings and documents establish title to a particular property and possession is in question, it will be for the person in possession to give sufficiently detailed pleadings, particulars and documents to support his claim in order to continue in possession. It would be imperative that one who claims possession must give the following :
(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 not to deliver possession but continue in possession.