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
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
possession of the said portion of suit property, the question of
protecting her possession could not arise. The very foundation of her claim
for injunction
Satyender Singh & Ors. (Lrs Of Hari ... vs Gulab Singh & Ors. on 22 March
aside for
the simple reason, the controversy pertaining to
formalization of possession of the respondent directly
under DSIDC has taken a different legal shape with ... longer be a case of a tenant or a licensee
protecting possession on the plea that the licensor or
lessor has lost title after
would arise vis-à-vis the prayer for possession.
12. The defence of possession being protected under
Section 53A of the Transfer of Property ... seeking
specific performance being withdrawn; we see no scope to now
protect the possession under an agreement to sell.
16. Learned counsel for the appellant
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 into service against a
third
admitted to a property and the claim in
defence, to protect possession, is that the owner permitted the defendant to
raise a construction ... will because he had to try and protect his
RFA(OS) 19/2015 Page 11 of 12
possession on the rear portion of the second
aside for the simple reason, the controversy pertaining to formalization of possession of the respondent directly under DSIDC has taken a different legal shape with ... longer be a case of a tenant or a licensee protecting possession on the plea that the licensor or Lesser has lost title after
