appellants is that only possession of licensee can be treated as the possession of the owner/intermediary but possession of a tenant cannot ... such possession, actual possession being of a tenant, would he not be entitled to retain the possession. If actual possession as opposed to possession
property. Therefore, the
appellant-intermediary will be considered to be in Khas
possession of the holding on the date of vesting (April 1,
1955) through ... Second Party will be entitled to take Khas
possession of land" "at the end of the stipulated period.
This condition, (contained in paragraph
Anglo- American jurisprudence also,
possession is actual possession and in a limited set of
cases, may include constructive possession, but when
(1) American Jurisprudence, Words ... khas possession of the
true owner. We consider that this equation of the right
to possession with 'khas possession
that, the
possession of the mortgagee is the possession
of the mortgagor even for the purpose of
construing the meaning of Khas possession ... words 'Khas possession
include subsisting title to possession as well
and any proprietor, whose right to get khas
possession of the land
mouza Khandra in the district of Burdwan, for recovery of khas possession of certain properties of which possession had been given to the said defendants ... minerals thereunder in respect of which he prayed for khas possession. The plaintiff adduced considerable evidence showing the raising of coal since 19th February
which relates to agricultural land in the khas possession of
intermediary. under that provision as intermediary is enti-
tled to retain 25 acres of agricultural ... land which may be in
his khas possession. Since there are three claimants, they
are claiming rights to retain 75 acres of land
simultaneously creating a tenancy in favour of the person in
khas possession thereof, and therefore, no final decree
could be passed. The trial court accepted ... this Court,
HELD : Even if the appellants were in actual khas possession
within the meaning of s. 2(k) of the Act, it must
Anglo-American jurisprudence also,
possession is actual possession and
in a limited set of cases, may
included constructive possession
but when there is a bare ... Anglo-American jurisprudence also,
possession is actual possession and
in a limited st of cases, may
include constructive constructive
possession but when there
covered such lands which were in factual possession of one co-sharer though in constructive possession or possession in law of all the co-sharers ... settled with him. If the expression "khas possession" were to mean bodily possession, the possession of lessees and mortgagees will be excluded, which
institution of the suit they were not entitled to recover khas possession. He, however, made it plain that the plaintiffs' proprietary interest ... independent title by virtue ot adverse possession. They claimed both title and possession through Ndthuni Kewat, whose possession over the disputed land was recorded
