defendant and Narasimharaju. Defendant submits
that even though he was in peaceful possession
and enjoyment of the suit schedule land earlier ... view that
possession of defendant is clearly a gratuitous possession. As
per his own version in the written statement, what can be
gathered is that
defendant and Narasimharaju. Defendant
submits that even though he was in peaceful
possession and enjoyment of the suit schedule land
earlier ... view that
possession of defendant is clearly a gratuitous possession. As
per his own version in the written statement, what can be
gathered is that
care taker /
agent / servant, all of them being persons in gratuitous
possession / permissive possession and who were
permitted by the owner to occupy the temple
this appeal. In this case,
the plaintiff has sought the relief of possession, arrears of rent
of Rs.9.00 lakh from 01.03.2009 till ... Court held that gratuitous
possession-permissive possession seeking relief to retain or
continue possession not permissible as caretaker, permissive
possession, gratuitous possession is not maintainable
Another (2000) 4 SCC 119 held that where the sister gave
possession as gratuitous to the brother, this Court restored
possession to the sister ... purely gratuitous basis and
the sister could have reclaimed possession even without
knowledge of the brother.
27. According to the appellant, this Court in Sopan
Another (2000) 4 SCC 119 held that where the sister gave
possession as gratuitous to the brother, this Court restored
possession to the sister ... purely gratuitous basis and
the sister could have reclaimed possession even without
knowledge of the brother.
27. According to the appellant, this Court in Sopan
suit premises as gratuitous licensees and upon
termination of such licence, the plaintiff was entitled to a
decree for possession. The trial court found that ... into the
suit property by plaintiff on humanitarian grounds and as
gratuitous licensees and the license was validly
terminated by plaintiff. It thus, negatived
title is required.
Trespasser's long possession is not synonym with adverse
possession. Trespasser's possession is construed to be on
`
18
behalf ... allowed to stay in the
premises gratuitously. Even by long
possession of years or decades such
person would not acquire any right or
interest
purchased the
suit properties and in the absence of defendant justifying
his possession by any other lawful means and manner, the
assertion of the plaintiff ... allowed to stay in the premises gratuitously. Even by
long possession of years or decades such person
would not acquire any right or interest
claimant or claimants to
possession;
(e) the date of entry into possession;
(f) how he came into possession--whether he
purchased the property or inherited ... basis of his claim that not to deliver
possession but continue in possession.
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97. Principles of law which emerge in this case
are crystallised
