that the plaintiff can enter, take possession and put up construction. His possession, in my view, cannot be protected. The plaintiff must prove that ... when once the Court found that the plaintiffs possession was wrongful, such possession could not be protected by assistance of Court.
18. In Premji Ratansey
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 ... 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
appellant was really in possession on the date of the suit and whether his possession should be protected, particularly having regard to, the finding that ... Court found that the plaintiff's possession was wrongful, such possession could not be protected by assistance of Court.
48. In Premji Ratansey Shah
suit for specific performance is barred, even then the right to protect his possession is available to the appellants, as it is settled law that ... apply to a defence taken by a defendant in order to protect his possession.
13. The learned Senior Counsel for the appellants placed reliance
circumstances when the plaintiffs are in possession of the suit properties, they are entitled to have their possession protected by decree of injunction ... possession and if he is found to be in possession on the date of the suit, the plaintiff is entitled to have his possession protected
possession of the plaintiff or his vendor was never attempted to be disturbed and in fact, the possession of ryot is protected under Sections ... possession of the plaintiff or his vendor was never attempted to be disturbed and in fact, the possession of the ryots is protected under Sections
counsel also submitted that though 1st defendant was not trying to protect their possession, under Sec. 53-A of the Act, as a defence ... suit, the 2nd defendant in all the suits tried to protect possession invoking Sec. 53-A of the Act, though they are not entitled
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 is entitled to retain his possession and in
order to protect such possession he may even use
reasonable force to keep out a trespasser ... 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
possession is entitled to retain his possession and in
order to protect such possession he may even use
reasonable force to keep out a trespasser ... 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
