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.