words 'lands held by
protected tenants' and whether a protected tenant must
have been in physical possession on the date of
notification issued ... holds’ the land as protected tenant if he is
stiff a ‘protected tenant’ on the notified date, though out
of possession. As long
protected tenant subsists so long as a protected
tenancy has not been validly terminated. Moreover, even if the protected tenant
has lost possession without ... protected tenant
continues to be operative and subsisting so long as
“protected tenancy” is not validly terminated. Even if such
protected tenant has lost possession
possession in pursuance of the minutes so recorded.
The appellants continued to be in possession as before
the recording of the minutes. Therefore, the possession ... delivered possession in part-
performance of the contract or he, being already in
possession as lessee, continued in possession in
part-performance of the agreement
delivered to the plaintiff and that the plaintiff is entitled to protect his possession.
3. Learned Counsel for the appellants has vehemently argued that there ... fact remains that the prospective vendee is entitled to protect his possession in part performance of the agreement to sell, therefore, no fault
Maharana Partap Charitable Trust vs State Of Haryana Anr Anr on 24 December, 2014
Author
said plot so as to claim
his right to protect the possession of the same.
Crl. Appeal No. 269-DB of 2002 -5-
***
Learned counsel ... complainant party were aggressors
and he had a right to protect his possession. At the same time, the
complainant party had taken a specific plea
continues in possession for
more than 30 years is entitled to protect his possession as a
right of redemption can be said to be lost ... continues in possession for more than 30 years is entitled to protect his
possession. The right of redemption is not lost with the effflux
others to contend that the Objector has a right to protect his
possession in execution of the decree as per the facts on record.
Learned ... only the judicial
trend which has declined to interfere to protect unlawful possession
or possession of ranked trespasser etc. but, on the other hand,
judicial
concluded that a person in peaceful possession is entitled to retain his possession and in order to protect such possession he may use reasonable force ... 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
held that the person in peaceful possession is entitled to retain his
possession and in order to protect such possession, he may even use
reasonable ... that it is
the settled possession or effective possession of a person without title
which would entitle him to protect his possession even as against
