words 'lands held by
protected tenants' and whether a protected tenant must
have been in physical possession on the date of
notification issued ... holds’ the land as protected tenant if he is
stiff a ‘protected tenant’ on the notified date, though out
of possession. As long
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
protected tenant or successor in interest of
protected tenant can seek enforcement of the said proviso and
restoration of possession of land to a protected ... when third party entered into possession and what
steps were taken to claim back the possession by the protected
tenant and his successors after
right to protect his possession by way
of adverse possession. It is further stated that the
protection of possession flowing from contract is the
essence ... under a sale agreement
obtained possession over the property in part
performance of contract and the said possession is
protected even if the period
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 ... proof of better title, possession or prior peaceful settled possession is itself evidence of title. Law presumes the possession to go with the title unless
that
the plaintiff can enter, take possession and put up
construction. His possession, in my view, cannot be
protected. The plaintiff must prove that ... contended that the possession of the plaintiff in the instant
case was an admitted fact and his possession had been
rightly protected by the lower
tenant for some time and would
thereafter hand over peaceful possession to Abdul Khuddus;
o On 27 October 1969, a compromise petition was filed ... usufruct and the decree based on the compromise deed protected
possession without any adjudication of title.
(iii) OS 100/1983
o The suit was instituted
illegal, besides which a permanent injunction has been sought to
protect the possession of the plaintiff. The Trial Judge held that the plaintiff having
failed ... that in the present case, the suit has been
instituted to protect the possession of the plaintiff simpliciter without claiming a
declaration of title. Seeking
case and
the orders of status-quo may kindly be passed protecting
possession of Plaintiff;
b. Pass such other/further order ... effect that if a party is in settled possession, his
possession cannot be disturbed without due process of law
being followed. The said case related
