where a person is not in physical possession of a
property nor in a position to deliver physical
possession in future, he is incompetent ... take only symbolic possession, to
state that the secured creditor has taken
symbolic/constructive possession and not physical
possession, but that by itself would
document it was strenuously argued on behalf
of the appellants that actual physical possession was taken over from the
erstwhile land owner as early ... actual
possession. They were unable to point out or refer to any such evidence.
That being so the question whether actual physical possession was taken
Civil Court when such possession is merely symbolical. "Actual possession" in Section 145, means actual physical possession, that is, the possession ... They are to decide only the question of actual possession upon the evidence as to actual possession; and in considering that evidence they must
Section 11 .
4. Learned counsel submitted that possession means actual physical possession. The vesting under Section 11(3) is one thing and taking over actual ... actual physical possession being the crux of the matter, mere vesting becomes unimportant especially after the repeal. If the physical possession of the excess vacant
ground that the oil Companies were not in actual physical possession. However, the Supreme Court was of the view that their claim should be considered ... actual physical possession". So long as the requirement is only "possession", it cannot be said that it should be actual physical possession
erected any building on such land
and who continues in actual physical possession
of such land and building, notwithstanding thatꟷ
(1) such person ... Section 2(4)(ii) has held that the
expression ‘actual physical possession of land and building’ would
mean and require the tenant
that the expression “actual physi
cal possession of land and building”
would mean and require the tenant to
be in actual possession and subclause ... expression “actual physical posses
sion of land and building” would mean and require the ten
ant to be in actual physical possession and subclause
respect to their
respective lands are deemed to have lapsed as actual physical
possession of the land has not been taken ... respective petitioners but the
petitioners continue to enjoy the actual physical possession over the
subject land. Reliance is placed on Section 24 (2) Right
respect to their
respective lands are deemed to have lapsed as actual physical
possession of the land has not been taken ... respective petitioners but the
petitioners continue to enjoy the actual physical possession over the
subject land. Reliance is placed on Section 24 (2) Right
benefit under the Act as they are not in actual physical possession of the suit property ever since 1985. The plaintiffs/ respondents ... remain in possession of the property, but the possession was not proved, as required. Though the dealers possession can be a lawful possession
