Can Leaseholders Recover Possession from Illegal Occupants?

2023 Supreme(Online)(Ker) 56318

Therefore, once the right of lease is transferred in favour of the lessee, the destruction of a house/building constructed on the lease property does not determine the tenancy rights of occupant which is incidental to the contract of the lease which continues to exist between the parties. ... is transferred in favour of the lessee, the destruction of a house/building constructed on the #....

2023 0 Supreme(UK) 566

he is not a lease holder. ... Even the petitioner has not been granted any lease and similarly, the respondent no.3 is also not a lease holder. Under these factual aspects, it cannot be said that the respondent no.3 is an illegal/unauthorized occupant of the disputed land qua the Government property. ... The Court is examining the aspect of illegal/una....

2024 Supreme(Online)(Mad) 81242

As the plaintiff is an illegal occupant of the suit property, his possession has not been safeguarded by granting an order of permanent injunction. ... Once the license is cancelled and the licensee continues to be in possession of the property subsequent to the cancellation of license, he will be deemed to be an illegal occupant over the suit property. The nature of the occupation of t....

2023 0 Supreme(Bom) 647

The said occupant claimed to be in possession of the said premises since January 2021 under the leave and licence agreement with Mr Kadam. ... If the decree holder wanted possession, they would only do so by resorting to execution proceedings under Order XXI of the Code of Civil Procedure (CPC). Since no possession warrant was issued in execution of the decree, possession could not be ha....

2023 0 Supreme(Cal) 688

In the said judgment, it was observed that, had it not been for interim orders passed in aid of the writ, the petitioners' possession would have been that of rank trespassers. The premise of such order was that the lease expired in the year 1985. ... In the Show Cause Notice dated February 2, 2001, the KoPT stated that on and from May 31, 1985, after the expiry of the lease, the petitioner was rendered an unauthorised occupant#HL_....

the State Lands (Recovery of Possession) Act. ... in the State Lands (Recovery of Possession) Act without first giving due consideration to the validity of such lease agreement. ... authority within the purview of Section 9 of the State Lands (Recovery of Possession) Act. ... That lease transaction has been acquiesced in and adopted by the LRC, as....

2023 0 Supreme(UK) 283

the unauthorized or illegal occupant or trespasser and remove unauthorized or illegal constructions, if any.” ... Long duration of such illegal occupation or huge expenditure in making constructions thereon or political connections must not be treated as a justification for condoning this illegal act or for regularising the illegal possession. ... The said scheme should....

Andhra Pradesh

Learned counsel for the petitioner would submit that the petitioner is a registered lease holder of the subject property under registered lease dated 12.03.2015 and the petitioner is in effective physical possession of the subject property and carrying on the business of eco bricks and aqua culture in ... If the lessee surrenders possession, the lease even if valid gets determined in acc....

2024 0 Supreme(All) 2086

the petitioner, who is an illegal occupant. ... In the year 1988, the father-in-law of the petitioner paid Rs. 3500/- to Chandarbali, the recorded tenure holder/owner of the land for purchase of Plot No. 860, came in possession over the disputed land and has constructed a house on the said plot. ... Varadappa Naidu (Dead) By Lrs. and another, (2004) 1 SCC 769, held occupant in settled #H....

2021 0 Supreme(J&K) 149

In fact, the said decree was passed on 18.10.1979, when the lease in favour of Shri T. C. Wazir had already expired on 23.10.1969. Thus, even the possession of Shri Manmohan Wazir, husband of the petitioner, over the property in question was that of an illegal occupant. ... Raina, sold this property through his power of attorney holder, to Shri T. C. Wazir, the father-in-law of the writ petitioner. ... Th....

2022 0 Supreme(Mad) 1082

An unregistered lease deed can be looked into to prove the nature and possession of the occupant. Collateral purposes is a purpose other than that are creating, declaring, assigning, limiting or distinguishing right to immovable property.

2022 0 Supreme(Bom) 77

Mode of granting quarry lease : (1) Subject to the provisions of these rules, mineral concessions for quarry lease on any land vested in the Government or any public authority may be granted by the Competent Authority by way of public auction.” However where the occupant or holder of a private land is desirous of leasing his land to another person for quarrying, such occupant or holder shall give his written consent in that regard to the Collector who shall then put quarrying rights in such la....

2016 0 Supreme(All) 27

(3) Because as stated above, the petitioner is not a total stranger to the cause and has more than one direct and indirect relation with who occupies the post of DGP, UP and in what manner. (4) Because hence the petitioner can file a writ of Quo warranto against the illegal occupant to the post of DGP, UP.”

2012 0 Supreme(Bom) 791

Shri Mulgaonkar, the learned counsel for the plaintiffs, invited my attention to the definition of “occupant” under the Goa, Daman and Diu Land Revenue Code, 1968. He therefore urged that even if the plaintiffs cannot get declaration of ownership in their favour, however, they are entitled to get their names entered in the occupant's column, by deletion of the name of the Government. He argued that the plaintiffs are neither 13 tenants nor Government lessees but they are grantees-in-possession....

2010 0 Supreme(Mad) 1797

The recovery of damages for use and occupation depends upon the question of valid termination of the lease. Based on the alleged termination of lease, recovery of possession has been made by that lease. Principal relief and the prayer for mesne profit is made consequential to the said principal relief. Therefore, this court comes to the conclusion that the contention of the learned counsel for the appellant that the suit is not maintainable, as it has been straight away filed....