Who Can Claim Possession Rights in Indian Law?

That is to say, if I take a lease of a house or land by a document such as this and I find when I go to take possession that Mr. A is in possession, who denies the lessor's title, so that I am unable to get possession, I cannot make any claim against my lessor until I have sued Mr. A. ... The District Court found that the plaintiff never obtained actual possession of any of the trees, and that finding was clearly right upon the evidence. ... It may well be that the plaintiff tho....

2024 0 Supreme(Raj) 1301

Who is the person best entitled to get the possession and for that matter, examining the right to possession; is an issue required by the law to be dealt with by a Civil or Revenue Courts. ... There is a fine distinction between the right to possession or question of possession. ... Right to possession can be decided by a competent Civil/Revenue Court after adjudication of the issues and pleas of the parties to the lis and then it c....

The plaintiff adduced evidence, which satisfied the District Judge, and which satisfies me, that he did get possession of the land after his purchase from the Fiscal; that Salgado did get possession after he purchased from the assignee; and that the plaintiff was put into possession by Salgado ... Entry into possession imports tenure, and the plaint alleges tenure for a long time. Possession for ten years and upwards by an adverse title to one-third of the p....

2024 0 Supreme(Pat) 91

The conferment of the power on the Additional Collector to cancel such Jamabandi and dispossess the person and deliver possession to the legitimate owner/custodian clearly transgress the valuable right of a person to get his claim of title or possession adjudicated by a Court of competent jurisdiction ... In other words, it is the requirement under the law that even after cancellation of Jamabandi and affirmed by the appellate and revisional authority, the legitimate owner/custodian is obligated to get ....

Prescription-Step taken to get legal title from persons bound to give it-Not an act in acknowledgment of any right in them-Prescription Ordinance, s. 3. ... any right in them to the possession of the land but an assertion of his right to be clothed with legal title. ... right. ... is not adverse to but is acknowledged to be subordinate to the right of another to possession of the land. ... It was not an act done in acknowledgment of any #HL_STAR....

2024 Supreme(SRI)(SC) 12658

• The Plaintiff is entitled to get her rights declared and the Defendant has no legal right to be in possession of the subject matter. ... In fact, she had to file an action to obtain the possession of the land. Thus, it was reasonable to get the Defendant to do the needful in exercising her right to possess. ... She has also explained that she had to file the District Court action No. 4600/L to get the possession of the land. ... Thus, the learned ....

So that it will be seen that there is ample provision, in the Civil Procedure Code for a bona fide possessor of property, with regard to which the order for delivery of possession has been made, to test his right to possess against the purchaser. ... It would have been a serious matter to the petitioner if the plaintiff was allowed to get into possession, because then an action rei vindicatio would have to be instituted by the petitioner against the plaintiff. ... It is true that subsequently on January 19, i.e.....

She was merely given possession of the lands included in P 1. At the time it was thought that P 1 included also the lands in dispute. She was, therefore, put in possession of these lands. Her occupation was as a licensee by permission of Iseris and not in assertion of any independent right. ... The defendant entered into possession of the lands in dispute with the consent and permission of Iseris. Being a licensee she cannot get rid of this character unless she does some overt act showing an inten....

2023 0 Supreme(P&H) 595

The phrase 'equal protection of law', obviously, would include a right of the citizen to get his legal right enforced through legal mechanism and, thus to get relief from the court of law; if he has succeeded in proving the case as per the standards of evidence prescribed under the law. ... Therefore, his right to get declaration of his title to a property cannot be defeated by; first insisting that he should necessarily claim possession with declaration; and then by ....

Writ of possession-Purchaser of property under mortgage decree Right to delivery of possession-Defendant in mortgage action. ... The respondent obtained a conveyance from the Secretary of the District Court on August 27, 1922, but after making an attempt to get possession of the property on May 24, 1924, he took no further steps till February 6, 1929, when he moved the Court for an order for delivery of possession, of . the ... It will, however, be seen from the judgment of Woo....

2021 0 Supreme(Mad) 749

Chandresakar or his legal heirs never been recognised as landlord after 1975 and no ground rent paid to them. Therefore, the purchaser who claim title through the defendants 2 to 6 can have no right to get the vacant possession.

2018 0 Supreme(Mad) 4214

Therefore, Vasanthi starts with a disadvantage, as she claims delivery of property without a title, and if Ext.R-6 Power of Attorney is kept aside, even John claims right to be in possession without title. Who, therefore, has a better right to be in possession? Here John claims his right of possession under Mathivathanam, in who right to be in possession as an allottee of the Slum Clearance Board exists under Ext.C-1.

2017 0 Supreme(Raj) 79

In the year 1968, His Highness Maharaja Sawai Man Singh was not having any authority to give in gift of the property in question. Trespasser who has been dispossessed, have no right to get the possession of the property back. There was no question for dispossessing the respondents after adopting due process of law.

2015 0 Supreme(Bom) 2356

The person who claims adverse possession can get the benefit of the period of adverse possession enjoyed by his predecessor and that period can be joined and it is available to the person who claims adverse possession. Nahar Singh (Dead) & Ors., reported in (1998) 3 SCC 561. In reply, he further argued that law of tacking on and breaking the continuity of possession is totally different. On the point of examination and appreciation of evidence, he relied on the following decisions: (i) State of UP cs.

2010 0 Supreme(P&H) 1292

They are having much more share than that of Bakhshish Singh this decree in question is joint and is not divisible. The objection petition of J.D. is, therefore, accordingly, upheld. Thus, DH can get only symbolic possession and they can get actual possession only in final partition. However, execution as such cannot be dismissed and symbolic possession is required to be delivered to the decree holder.