contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance ... 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
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
result into a settled
possession and unless the possession is settled possession and effective
possession such a possession cannot be protected as against the true ... 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
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
declaration of
title and for permanent injunction to protect possession.
9.Written statements had been independently filed by the 2nd, 3rd,
and 8th defendants ... seeking just injunction namely, to
protect possession over a portion of the very same property, which was
the subject matter of the suit
sought to be protected must be in possession
of the premises and his possession is protected by the
legislation. But in case of business premises ... sought to be
protected must be in possession of the premises and his
possession is protected by the legislation. But in case of
business premises
long possession. The caretaker or servant has to give possession forthwith on demand.
(3) The Courts are not justified in protecting the possession ... possession cannot be termed to be lawful and the first respondent also cannot said to be in settled possession so as to protect his possession
possession and therefore, the bare injunction suit was filed to protect his possession.
7.In the written statement filed by the defendants ... bare injunction suit filed by the plaintiff claiming title and to protect his possession, a written statement has been filed denying the title
therefore, the plaintiff had only filed a bare injunction suit to protect his possession which cannot be found fault with. The learned Senior counsel further ... filed O.S.No.67 of 2005 for bare injunction to protect his possession, he ought to have stated the other reliefs also
permanent injunction against the defendant-respondents Nos. 3 and 4 for protecting their possession over the property and restraining the defendant-respondents from raising ... plaintiffs had also sought for an ad interim injunction protecting their possession over the suit land and restraining the defendant-respondents from raising any construction
