possession of such tenant would not be a lawful possession. The nature of possession being not lawful would entitle the landlord to regain possession ... right to continue in possession after the termination of the tenancy, his possession is juridical and that possession is protected by statute. Under Section
being
in physical possession and de jure possession as the one which is possession
in law. Constructive possession would be a possession through a
representative ... 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
possession of the premises through a care-taker, an agent, a servant, or a manager, and that such constructive possession was protected under the Rent ... house let as a separate dwelling" and Section 5 protects "possession of any dwelling house". In that context the courts in England
Division Bench of
this Court held as under:-
The defence of possession being protected
under Section 53A of the Transfer of
Property ... perusal of aforesaid provision makes it clear that a
person can protect his possession under Section 53-A of the
Transfer of Property
been laid down that
settled possession or effective possession of a person without
title would entitle him to protect his possession even as against ... 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
Bhushan Singh , 2010 (1)
PLJR 3317, to conclude that appellant cannot protect his
possession in a suit for possession instituted by a landlord against ... Division Bench of
this Court held as under:-
The defence of possession being protected
under Section 53A of the Transfer of
Property
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 ... contract to purchase the property, to confer the benefit of protecting possession under the plea of part performance his act effective from that day must
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
used in
the sense of retaining possession. A distinction
should be drawn between a tenant continuing in
possession after the determination of the lease,
without ... would create a new tenancy. The possession of a
tenant who has ceased to be a tenant is protected
by law. Although
