Illegal possession is liable to be evicted along with damages – claimed to purchase in public auction – Section 35 of the Municipalities Act praying therein for a direction to the Nagar Palika for execution of the sale deed in his favour in relation to quarter No.6. – commissioner allowed his application and direct to execute a registered sale deed and also fixed rate of sale – writ to High court – High court dismissed the same – Apex court held that the possession of the appellant since inception, i.e., since June 1990 in quarter No.6 was unauthorized and was that of a trespasser.- there was no allotment letter issued by Nagar Palika in relation to quarter No.6 – failed to file any such allotment letter nor could file any acceptance letter of Nagar Palika indicating acceptance of his socalled highest bid – failed to show as to how much amount he actually paid to the Nagar Palika towards the sale/auction price for quarter No. 6 – there was no privity of contract between the appellant and the Nagar Palika which could justify appellant’s entry in quarter No. 6 as being legal – in the absence of any document of title or/and legal document executed by the Nagar Palika in appellant’s favour in relation to quarter No.6 before the appellant entering in quarter No.6 in June 1990, the appellant’s possession cannot be held legal. – the possession of any person in any immovable property is legal, it is necessary for such person to prove prima facie that he is either the owner of such property or is in possession as a lawful tenant or is in its permissive possession with the express consent of its true owner.- These documents are not the documents of title, nor do they prove appellants legal possession over quarter No.6 and nor do these documents in any way bind the Nagar Palika – damages were also ascertained from the concerned advocates and fixed at 3,000/- per month instead of remanding – ordert to evict the quarter with in 3 months and order to pay damages from1990 to till the eviction – failing which directed to approach the apex court for legal remedies.