Essential Elements for Restoration of Possession: A Comprehensive Guide

2025 Supreme(Online)(Bom) 180097

For possessing an immovable property, there must be an element of animus possidendi i.e. intention to possess involving the mental element of possession, requiring a conscious intent to control and exclude others from the property. ... Thus there is complete absence of element of animus possidendi in the present case. ... Occupation of a property by a person as an agent or a servant acting at the instance of the owner will not amount to actual legal possession. The possession should c....

2024 0 Supreme(Bom) 188

Therefore, the right to claim the restoration of the land became inexecutable. The respondents ought to have exercised the powers under Section 29 of the said Act within two years. They never applied for restoration of possession. Hence, they have no right to claim the possession. ... (iii) Do the respondents not entitled to file an application for restoration of the possession being legal heirs of original landlord, who had not taken any steps during his lifetime? ... Having regard t....

2025 0 Supreme(Bom) 1721

of restoration of possession. ... 30) For deciding whether a person is in possession of the immovable property, there needs to be an element of animus possidendi i.e. intention to possess involving the mental element of possession, requiring a conscious intent to control and exclude others from ... Occupation of a property by a person as an agent of a servant acting at the instance of the owner will not amount to actual legal possession. The possession#HL_E....

2023 0 Supreme(Cal) 1206

authorities to aid the plaintiff in such process of restoration of possession. ... The plaintiff filed an application seeking restoration of possession for the first time on September 8, 2022. Thereafter, the plaintiff again filed another application for restoration of possession on January 16, 2023. ... Delay in filing the application for restoration of possession cannot be the reason for declining relief. 9. ... On contested hearing, the learned tr....

2026 Supreme(Online)(MP) 2012

since the year 2004 and the suit having been filed in the year 2019, the relief of restoration of possession ought to have been sought at the very outset. ... On the other hand it has been pleaded in the application for amendment that from the evidence of the defendant it has come on record that the plaintiff is not in possession and therefore he wants to seek the relief of restoration of possession. 5. ... of possession. ... The trial court has rejected the said application on the gro....

2025 0 Supreme(Bom) 1490

He therefore submitted that the defendant is entitled for restoration of his possession during pendency of the appeal and thus supported the impugned order passed by the appellate Court directing restoration of possession. ... for recovery of possession by invoking provisions of Section 151 of the Code of Civil Procedure, 1908 and sought restoration of the possession. ... (vi) The original plaintiff (respondent in the appeal) appeared and objected to the maintainabil....

Where in a possessory action the plaintiff claims not only restoration to possession but also damages, it is open to the defendant to set up his title by way of defence. APPEAL from a judgment of the District Judge, Kalutara. H. V. Perera, K.C. ... If the claim of the plaintiff had been merely for restoration of possession to the right of footway, then we think the learned Judge's order would have been correct, but in view of the fact that the plaintiff has coupled with that claim a claim for damages, we thin....

2017 Supreme(US)(ca5) 76

In contrast, “[a] constructive amend- ment occurs when the jury is permitted to convict the defendant upon a factual basis that effectively modifies an essential element of the offense charged.” United States v. ... The jurisdictional element of Section 922(g)(1) includes cir- cumstances in which the possession of the firearm was intrastate, but the fire- arm had previously traveled in interstate commerce, including from the place it was manufactured to the place of the relevant possession. United State....

1940 0 Supreme(Cal) 126

But the essential element of a usufructuary mortgage was wanting, namely that the mortgagee would retain possession of the properties till the mortgage money was paid. ... Both the defences were negatived by the learned Subordinate Judge who allowed, the application of the opposite parties for restoration of possession of the mortgaged properties. It is against this order that the present rule has been obtained. ... The case of the opposite parties was that it was a usufructuary mortgage and they presen....

2025 Supreme(Online)(Tel) 73873

If the allegation of breach of injunction was violated of an interim order a petition for restoration of the possession under no circumstances would be the remedy available. 24. ... Thus, I.A.No.370 of 2024 has been filed seeking for restoration of the possession keeping in view the order of status quo that was initially granted by the Trial Court and which was still in force. 16. ... Vide the impugned order, the Trial Court has allowed the I.A.No.370 of 2024 filed by the plaintiff under Section 151 of the Civil Procedu....

2013 0 Supreme(AP) 317

Further, explanation to sub-section (2) of Section 38-E also provides for restoration of possession. The fact that the provisions are beneficial would not enable a person to whom a certificate of ownership has been issued to seek restoration if he ceased to be a P.T. and himself becomes as owner. Having regard to the language of the explanation, a protected tenant out of possession could be restored only before a certificate of ownership is issued to him. Hence Section 32 has no application in respect of 38-E holders.

2012 0 Supreme(P&H) 56

There are two essential elements of possession, firstly, the corups – the element of physical control and secondly, the animus or intent with which such control is exercised. It is for the prosecution to establish that the accused was found in conscious and intelligent possession of the contraband. In the instant case, it is evident that the respondent was sitting on plastic bags, in the pits, near the bridge of canal minor. Though possession has not been defined in the Act but has been judicially construed to be conscious and intelligent possession and not merely the physi....

2009 0 Supreme(Bom) 1466

That follows as a matter of corollary since use of force is seen. That includes the order of restoration of possession. Consequently, the order of the learned J.M.F.C is confirmed. The possession must, therefore, be directed to be restored as per that order passed since 11th September 1995.

2008 0 Supreme(Ori) 621

Therefore, we are of the considered view that the Respondent Nos. Subsequently, he transferred the said property in favour of the present Appellant after taking permission from the Statutory Authority and put him into possession. The application for restoration of the possession filed by Respondent Nos. 1 and 2 itself shows that the Appellant had been in possession of the property.

2004 0 Supreme(P&H) 1283

It is conscious and intelligent possession of any contraband which attracts penal provision of the Act and it is for the prosecution to establish that the accused was found in conscious and intelligent possession of the contraband. Though possession has not been defined in the Act but has been judicially construed to be conscious and intelligent possession and not merely the physical presence of the accused in proximity or even in close proximity of the object. There are two essential elements of possession; firstly the corups - the element of physical control and secondly, the ani....