deposition commenced before the
trial Judge in July 1981 and claimed exclusive possession.
The trial Judge on 25th February, 1983 allowed the
respondent-landlady ... exclusive
880
possession in her own right. Furthermore, the Court was of
the view that it was the judgment-debtor who was in
possession
possession of one of them is possession of all in the eye of law unless the person who has been in exclusive possession asserts ... sharer who is in possession exclusively of some portion of the joint holding, he is in possession thereof as a co-sharer and is entitled
exclusive possession for any length of time, in the absence of ouster, is not tantamount to an exclusive ownership. Exclusive possession of a co-owner ... title and possession in himself is sufficient proof of ouster. Adverse possession by ouster of a co-owner in exclusive possession commences when such
parting
with possession is understood as parting with legal
possession by one in favour of the other by giving him an
exclusive possession ... favour of a third party with exclusive right of
possession and (two) that such parting with possession has
10
(2008) 7 SCC 722
2
been
Exclusive possession itself is not decisive in favour
of a lease and against a mere licence, for, even the grant
of exclusive possession might turn ... exclusive possession itself is not decisive in favour
of a lease and against a mere licence, for, even the grant
of exclusive -possession might turn
C.S. Atwal vs Commissioner Of Income Tax Ludhiana And ... on 22 July, 2015
Bench
bulk, and consequently possession of land has been given.
2
5. Consequent to the said agreement the administration
granted `exclusive possession' of the said ... thought that the test of
exclusive possession was infallible and if a
person was given exclusive possession of a
premises, it would conclusively establish that
thought that the test of exclusive possession was
infallible and if a person Was given exclusive possession of a premises, it
would conclusively establish that ... inducted
the licensee in possession. Further, in cases where contract for license is
executed by handing over exclusive possession of the premises, the
distinguishing line
father and he
parted with possession thereof and respondent No.2 was found to be in
exclusive possession, the case of the sub-letting ... tenant had parted with possession in favour of his son who was found to be
in exclusive possession though he was staying separately.
The contention
licensee to have the right to exclusive possession.
However, the fact that exclusive possession is granted, though by no means
decisive against the view that ... remains in the possession and under the control of
the owner, it is a licence. To give exclusive possession there need not be
express words
