Judgment

R.M.SAHAI, J.:- Whether possession of a lessee who acquires interest of one of the co-lessors, before expiration of period of lease, is litigious or lawful?

2. Litigious and lawful possession are concepts of varying legal shades deriving their colour from the setting in which they emerge. Epithet used itself indicates the field in which they operate. The one pertains to dispute in which possession may be conterminous with physical or de facto control, only, whereas the domain of other is control with some legal basis. The former may be uncertain in character and may even be without any basis or interest but the latter is founded on some rule, sanction or excuse. Dictionarily litigious means "disputed"*1 or "disputable"*2 or " marked by intention to quarrel"*3 , "inviting controversy"*4 , "relating to or marked by litigation"*5, "that which is the subject of law suit"*6. Lawful on the other hand is defined as, "legel, warranted or authorised by the law."*7Jurisprudentially a person in physical control or de facto possession may have an interest but no right to continue whereas a person in possession, de jure, actually or constructively has the right to use, enjoy, destroy or