contract, taken possession of the property or any part
thereof, or the transferee, being already in
possession, continues in possession in part
performance ... denied the possession of the Defendants
and in the instant suit the possession is sought, the Defendants were
held to be in possession
possession of such tenant would not be a lawful possession. The nature of possession being not lawful would entitle the landlord to regain possession ... decisions. The person in peaceful possession is entitled to retain his possession. It is a settled possession or effective possession of a person without title
required to be fulfilled if a transferee wants to defend or protect his possession
under section 53A of the 1882 Act. The Supreme Court ... sale deed in favour of the transferee. Such a right to
protect possession against the proposed vendor cannot be pressed in service
against a third
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peaceful possession is entitled to retain
his possession and in order to protect such
possession he may even use reasonable
force to keep ... possession and he can resist invasion of his
possession by everyone including the rightful
owner. If the rightful owner threatens his
peaceful possession
consideration in writing
and the possession was delivered pursuant to the agreement or
being already in possession, continued in possession in part
performance ... part performance of the contract
and therefore the possession is not illegal. Her possession is
protected under Section 53-A of Transfer of Property
defendant he is in
possession of the suit premises in his own right and his possession is
protected as per Section 53-A of Transfer ... cannot recover possession from the defendant. Ld. counsel for the
defendant further contended that possession of the defendant is
protected under Section
concerned the person in
peaceful possession is entitled to retain his possession and in order to
protect such possession he may even use reasonable force ... proof of better title, possession or prior
peaceful settled possession is itself evidence of title. Law presumes the
possession to go with the title unless
possession or the restoration of
possession. Nature of right acquired by adverse possession and even
otherwise as to the right to protect possession against unlawful ... right to continue in possession after the termination of
the tenancy his possession is juridical and that possession is
protected by statute. Under Section
expiry of the tenancy, his possession was at sufferance recognised to be juridical and that possession is protected by common law.
11. Suppose a person ... concerned, a person in peaceful possession is entitled to retain his possession and in order to protect such possession he may even use reasonable force
which refers to the
'lawful possession' is only juridical possession, a kind of
possession which is protected by law such as section ... juridical possession in that
case was also lawful possession. We are clearly of opinion
that juridical possession is
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possession protected
