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    <title>1963 (2) TMI 70 - KERALA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=287148</link>
    <description>A person who erects a building on another&#039;s land cannot claim possession of the standing structure merely by asserting title to the superstructure; absent a superior right to the land, the remedy is limited to removal of materials or compensation, not recovery of the building as an independent asset. In a suit based on title, the plaintiff must succeed on the strength of his own title and can recover only the property actually proved to belong to him. On the Commissioner&#039;s identification, title was proved to the marked plot but not to the house standing outside it, so partial relief was appropriate: declaration and recovery of the identified plot, but not possession of the house.</description>
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    <pubDate>Fri, 15 Feb 1963 00:00:00 +0530</pubDate>
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      <title>1963 (2) TMI 70 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=287148</link>
      <description>A person who erects a building on another&#039;s land cannot claim possession of the standing structure merely by asserting title to the superstructure; absent a superior right to the land, the remedy is limited to removal of materials or compensation, not recovery of the building as an independent asset. In a suit based on title, the plaintiff must succeed on the strength of his own title and can recover only the property actually proved to belong to him. On the Commissioner&#039;s identification, title was proved to the marked plot but not to the house standing outside it, so partial relief was appropriate: declaration and recovery of the identified plot, but not possession of the house.</description>
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      <pubDate>Fri, 15 Feb 1963 00:00:00 +0530</pubDate>
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