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17. In Nand Ram (D) through Lrs & others Vs. Jagdish Prasad (D) thorugh Lrs reported in CDJ 2020 SC 404, the Honourable Supreme Court has held as follows:
“13.In view of the settled position of law, the possession of the appellant is as tenant at sufferance and is liable to ejectment in due course of law. But his possession is not legal nor lawful. In other http://www.judis.nic.in words, his possession of the theatre is unlawful or litigious possession. The appellant may remain in possession until he is ejected in due course in execution of the decree in the suit filed by the respondent. His possession cannot be considered to be settled possession. He is akin to a trespasser, though initially he had lawful entry.”