What is presumption of continuity of possession of property?

The issue that then arises is as to what is the consequence of the minor dying in such situation -- does the factum of the actual or notional possession of the estate of the legal guardian evaporate in the thin air with the fast breath of the minor? I do not think so. No such fiction can be exercised. There is a settled general rule that if a person is specifically found in possession of an estate at a prior date, there is a presumption of continuity of such possession till the contrary is established. This general rule of law is too well settled to admit of any doubt. Yet, within this jurisdiction, if a precedent was needed, it is first available in the authoritative decision of the Full Bench of this Court in Shiva Prasad Singh v. Hira Singh MANU/BH/0148/1921, and again reiterated in Ghoghar Raut v. Jagannath Prasad Singh MANU/BH/0178/1947, in the following terms : --

"The decision can only be based on the general rule of evidence in favour of presuming the continuity of things shown to exist at a prior date. It is certainly a plausible argument that if the plaintiff has shown that he was in possession in 1896, he must be presumed to have continued in possession, unless and until his dispossession is proved by the defendants. But the presumption in question is a general presumption. It would equally apply, no matter what the evidence on which the plaintiff relied to prove his possession in 1896."

15. It is somewhat plain on both authority and general principle that with regard to a legal guardian in possession of the estate of the minor, there would be a presumption of the continuity of possession after the death of the minor till it has been shown otherwise that he was dispossessed thereof.

Citation : AIR 1987 Pat 239

IN THE HIGH COURT OF PATNA
FULL BENCH

Letters Patent Appeal No. 42 of 1982

Decided On: 29.09.1986

Sudama Devi and Ors.
Vs.
Jogendra Choudhary and Ors.

Hon'ble Judges/Coram:
S.S. Sandhawalia , C.J., L.M. Sharma and S. Ali Ahmad , JJ.

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