transferee can always plead the estoppel against the transferor and thus protect the possession that has been delivered to him by the transferor ... loosely spoken as if the transferee acquires a right to protect his possession. In our opinion, Section 53-A does not confer any right
claim the equity under Section 53-A of the Act to protect
his possession of the suit property.
8. Therefore, the only controversy ... transferor or any person
claiming under him the transferee can protect his possession.
The purpose behind Section 53-A is thus to provide a shield
claim the equity under Section 53-A of the Act to protect
his possession of the suit property.
8. Therefore, the only controversy ... transferor or any person
claiming under him the transferee can protect his possession.
The purpose behind Section 53-A is thus to provide a shield
Court of law for possession. It is only by suing for possession that the party whose possession is protected under Section 145 can be evicted ... successful party was in actual possession of the land. This possession having been protected under the terms of Section 145 by virtue of the order
Limitation Act, 1963 .
8. It is further contended that admittedly, the possession of the
suit property has been legally and validly handed over ... Exhibit - 78, the
original defendant is entitled to protect his legal and settled
possession over the suit property under the provisions of Section
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 ... against Dahya Bhagwan Rohit to confirm their
possession. Therefore irrespective of possession in such
previous suit regarding possession since it is between Dahya
Bhagwan Rohit
possession by the owner of the property and therefore, his
possession is required to be respected and protected by the
learned Courts below ... continue with the possession. Even if he
is in possession, his possession is not lawful and not to be
respected and protected. It is only
long possession. The
caretaker or servant has to give possession forthwith on
demand.
3. The Courts are not justified in protecting the possession ... possession.
So, the right of a person who has no valid subsisting
rent agreemnet, lease agreement or license agreement can not
be protected. As discussed
protected under Section 15(2) of the Rent Act. The learned Assistant Judge held that since defendant No 4 was not protected under Section ... premises and the policy of the Bent Act being to protect Possession the Legislature took away the protection of the tenant and conferred
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
