batch
possession. The possession of the 2nd defendant is only permissive
occupation or at the best would be construed as gratuitous possession. A
person ... permissive occupant or remain in the
property gratuitously is not entitled to plead adverse possession. It is strange
that the 2nd defendant P.J.Jayaprakah
possession of the suit property from the
Appellant?
ii) Whether mere mortgagee is entitled to seek recovery of possession
from a gratuitous licensee or trespasser ... recovery of possession of suit property from the
Plaintiff.
ii. A mortgagee is entitled to seek recovery of possession from
gratuitous licensee or a trespasser
possession of the suit property from the
Appellant?
ii) Whether mere mortgagee is entitled to seek recovery of possession
from a gratuitous licensee or trespasser ... recovery of possession of suit property from the
Plaintiff.
ii. A mortgagee is entitled to seek recovery of possession from
gratuitous licensee or a trespasser
possession of the suit property from the
Appellant?
ii) Whether mere mortgagee is entitled to seek recovery of possession
from a gratuitous licensee or trespasser ... recovery of possession of suit property from the
Plaintiff.
ii. A mortgagee is entitled to seek recovery of possession from
gratuitous licensee or a trespasser
possession of the suit property from the
Appellant?
ii) Whether mere mortgagee is entitled to seek recovery of possession
from a gratuitous licensee or trespasser ... recovery of possession of suit property from the
Plaintiff.
ii. A mortgagee is entitled to seek recovery of possession from
gratuitous licensee or a trespasser
possession is only a gratuitous possession and
therefore she cannot transfer better possession to the plaintiff
than a gratuitous possession. Hence, the law is well ... stay or possession".
22. It is true that even a trespasser if his possession is
ripened to the status of settled possession
Salek Chand Vs. Sanjeev
Page 7 of 12
permissive and gratuitous possession of the suit property. Ld. Counsel
for the plaintiff further submitted that ... apparent nay evident that the defendants were granted
permissive and gratuitous possession of the suit property by the
plaintiff, as the defendant
Another (2000) 4 SCC 119 held that where the sister gave
possession as gratuitous to the brother, this Court restored
possession to the sister ... allowed to stay in the premises gratuitously. Even by
long possession of years or decades such person would
not acquire any right or interest
would continue to have jurisdiction for recovery of the possession of the premises from the gratuitous licensee. On the facts it was found that though ... support the proposition that a Suit for recovery of possession given under a gratuitous licensee did not fall within the provisions of Section
that a watchman, caretaker, agent,
servant etc., who are persons in gratuitous possession/
permissive possession, cannot have any rights in the
property irrespective
