SPOUSES BENITEZ V. CA
266 SCRA 242
FACTS:
Macapagal filed an action against petitioners for recovery of an encroached portion of lot they purchased. Thereafter, they bought another lot adjacent to Macapagal. Upon a relocation survey, they discovered part of it was being encroached by petitioners. Despite demands, the petitioners refused to vacate.
HELD:
Prior possession is not always a condition sine que non in ejectment.