obtained it
under a document. Defendant had raised specifc defence of
protecting his possession over the suit land under Section 53 A of
Transfer ... does
not come in the way of appellant taking plea to protect
his possession. It is not disputed that the transferee has
taken possession over
entitled
seek any such legal remedy to protect its possession of the plaint
schedule property in this case. The plaintiff has already entered
appearance ... temporary injunction in
I.A.No.2488 of 2007 for protecting its possession over the property on
depositing the balance sale consideration
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 ... sale deed to the proposed transferees. Such a right to protect
possession against the proposed vendor cannot be pressed in
service against a third party
question of adverse possession is
concerned, the plaintiffs have claimed that they came
into possession by way of agreement, therefore, the
possession of plaintiffs ... Even otherwise the plea on part of
performance of contract to protect possession of
prospective vendee cannot be taken by the plaintiffs
because the right
seeking an ad interim temporary
injunction in respect of protecting possession and I.A. No. V
was filed for an order to restrain defendants from ... However,
the relief sought for are verified in nature, like to protect
possession, to prevent alienation, raising construction or
altering.
18. In the circumstances, that
been laid
only based on the possession of the plaintiff to protect his possession
against third parties. Therefore, the Government was not a necessary
party ... settled possession of the property, he is entitled to protect his
possession as against third parties. Ex.A.1 is a mere receipt. It
cannot
protect his possession. The three grounds on which the possession is
Ex. No. 60/09 4
sought to be protected are.
1. He has purchased ... contract, taken possession of the
property or any part thereof, or the transferee being already in possession continues in
possession in part performance
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
better than that of a
trespasser who comes into settled possession yet he cannot be dispossessed
by use of force and in this regard, reliance ... open and proceeded to
determine the suit on the basis of possession protecting the
established possession and restraining the attempted
interference therewith. On the appeal
possession of property. Even if a
person is put in possession of property through an Agreement to
Sell, he cannot protect his possession ... said
Section 53-A .
Once a person cannot even protect the possession, which he is
holding, in absence of an unregistered Agreement to Sell, then
