Interim protection in disputed property suits may require status quo, controlled alienation, and no prima facie possession finding

Where rival claims to ancestral property and possession depend on disputed old documents and pending revenue correction proceedings, the court should avoid definitive prima facie findings on actual possession at the interlocutory stage. Instead, interim protection may be granted to preserve the subject matter without deciding title, including a status quo arrangement on possession and control over further alienation except with prior leave. The suit should also be expedited so that neither party gains an undue advantage from delay. The revision was allowed and the interim order was modified accordingly.

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Issues: Whether, in a suit involving disputed ancestral property and contested transfers, the appellate court's limited protection of possession and refusal to grant wider interim restraint required interference, and whether the court should avoid recording prima facie findings on possession at the interlocutory stage.

Analysis: The disputed title and possession turned on very old documents, challenged transfers, and pending revenue correction proceedings. In such circumstances, recording prima facie findings on actual possession was considered inappropriate. The doctrine of lis pendens was held not to be a substitute for an express interim order. Interim protection was therefore required to preserve the property pending trial, while also ensuring that the suit was tried expeditiously so that neither side gained an undue advantage from delay. A status quo arrangement regarding possession was directed, and further alienation was permitted only with prior leave of the court. The suit was also made time-bound for completion of evidence.

Conclusion: The revision was allowed and the interim arrangement was modified by granting status quo protection over possession, restricting alienation without court permission, and directing expeditious disposal of the suit.

Final Conclusion: The interlocutory order was interfered with to preserve the subject matter of the suit without adjudicating title, while ensuring a prompt trial.

Ratio Decidendi: Where rival claims over property and possession depend on contested old documents and pending revenue corrections, the court should avoid definitive prima facie findings on possession and may preserve the subject matter by directing status quo and controlling alienation pending trial.

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