retain
the possession -- Transferor to recover
possession in a separate suit -- HELD. The
right of the transferee to retain his
possession envisaged under Section ... doctrine of part performance is an
equitable doctrine. The right to protect
possession under this provision cannot be
pressed into service by a third party
that the plaintiff was in possession of the property ever since 1947 then his possession has to be protected as against interference by someone ... that the plaintiff was in possession of the property ever since 1947 then his possession has to be protected as against interference by some
decree for possession is passed and to such a decree, the person in possession is not a party to protect his possession by seeking appropriate ... party in possession as he would have no option but to protect his possession and for his title judicially investigated; prior to his dispossession
part of the contract viz., taking possession and paying rents, the possession of the lessee shall be protected in pursuance of Section ... obtaining possession of the property in part performance of the agreement of lease can defend his possession in a suit for recovery of possession filed
lawful possession"; but the tenant's possession in such a situation is "juridical possession" and such a possession is protected ... protection of illegal possession against true owner. There is undoubtedly a difference between a lawful possession, juridical possession and illegal possession. The aforesaid decision deals
person who is in unauthorized
possession cannot be granted a decree for possession to
protect the unlawful possession of the suit property by
the plaintiff ... 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
below are justified in
concluding that the defendant is entitled to
protect his possession of the suit property
by virtue of Section ... courts below are justified in holding that
defendant is entitled to protect his possession by virtue of
section 53 - A of Transfer of Property
title is required.
Trespasser's long possession is not synonym with adverse
possession. Trespasser's possession is construed to be on
`
18
behalf ... possession of the property very recently by force
and their possession is wrongful and illegal possession and
hence, they cannot maintain a suit to protect
limitation, the defendant would still be entitled to protect his
possession under Section 53-A of the T.P.Act, even ... defendant transferee from taking a plea in his
defence to protect his possession over the suit property
obtained in part performance of a contract even
John B. James And Others vs Bangalore Development Authority And ... on 7 August, 2000
Equivalent
