Division Bench held that the period, during which the interim relief protecting possession of the acquired land was granted by this Court and continued ... Division Bench, however, held that the period during which interim relief protecting possession of the land was in operation was required to be excluded
been that, it is only in cases where civil suit is for possession or for declaration of title in respect of same property and where ... declaration of title, as well as for protecting possession and seeking permanent injunction. It is, thus, immaterial that relief clause in Para 12 was worded
July, 1985
he has obtained the possession and he wants to protect
the possession which he has acquired under the sale
deed dated 12th July ... cause of action has accrued
to the plaintiff to protect the right of possession if any
and this cause of action
either be a trespasser or a land-
owner. An injunction to protect his possession can be granted,
provided the tenant establishes the alleged right ... injunction simpliciter is maintainable. A person has a
right to protect his possession against any person who does
not prove a better title by seeking
Relief Act. Plaintiff had
lost her possession in the year 1985 on executing agreement to
sell and the possession receipt in favour of the mother ... dispute has
been raised for the agreement to sell and the possession
receipt. The only contest by the plaintiff is about the power of
attorney
further
injunction may be granted to protect their unlawful possession.
In Maria Sequeira Vs. Erasmo Jack de Sequeira reported ... with respect to eviction of a person in
unlawful possession of a property: (Para 80 which is as under)
"80. ... Now, this
admit
and allow the present petition.
(B) YOUR LORDSHIPS MAY protect the possession
of the petitoner in view of the direction of the
Apex Court ... Gandhinagar,
Gujarat in the interest of justice.
(C) YOUR LORDSHIPS MAY protect the possession
of the petitnoer until the examination of the
students are completed
disentitles the transferor from disturbing the possession of
the proposed transferee who is put in possession in
pursuance to such an agreement. It has nothing ... 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
possession of land in
any manner. Therefore, the fact that they were not in
possession and the petitioners are in possession
itself is sufficient ... hold in favour of the
petitioners that they are entitled to protect their
possession against the respondent no.4 and State as
well.
14. Learned
settled possession or effective possession of a
person without title which would entitle him to protect his
possession even as against the true owner ... concept of
settled possession and the right of the possessor to protect his
possession against the owner has come to be settled by a catena
