words 'lands held by protected tenants' and whether a protected tenant must have been in physical possession on the date of notification issued ... land as protected - tenant if he is still a 'protected tenant' on the notified date, though out of possession. As long
provisions in chapter IV relating to protected tenants.
3. Section 34 defines protected tenants'. Claims relating to protected tenancy are decided by the Tahsildar ... issued to the person in possession before an order for restoration of possession to the protected tenant is passed.
(3) The rights of protected tenant
possession of the
suit property, a defendant transferee can defend or protect his possession
over the suit property obtained in pursuance of a part performance ... they are in possession of the property in
pursuance of agreement entered into on 9th July, 1964 and their possession is
protected as they
defendant he is in
possession of the suit premises in his own right and his possession is
protected as per Section 53-A of Transfer ... cannot recover possession from the defendant. Ld. counsel for the
defendant further contended that possession of the defendant is
protected under Section
possession or the restoration of
possession. Nature of right acquired by adverse possession and even
otherwise as to the right to protect possession against unlawful ... right to continue in possession after the termination of
the tenancy his possession is juridical and that possession is
protected by statute. Under Section
take forcible possession of the lands from the plaintiffs/purchasers. The two Courts below held that the purchasers' possession can be protected by grant ... equitable right, which can be granted to the purchaser to protect possession, by staying execution of the decree for a specified period to enable
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 ... contract to purchase the property, to confer the benefit of protecting possession under the plea of part performance his act effective from that day must
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
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
Smt. Gurvachan Kaur vs Station Commandant on 12 April, 2018
IN THE COURT CIVIL JUDGE
