Wrongful Possession and Enjoyment: Essential Guide for Indian Property Owners

But in addition to the right to be put into possession the lessee is also entitled to "quiet enjoyment." Consequently the actio conducti lies when the lessee is not permitted to enjoy the thing leased. ... A lessor must give possession of the tiling let to the lessee. ... Lease of ground share of plumbago lands-Is delivery of possession necessary .' ... The really relevant obligation is that next stated by Vander....

2025 Supreme(Online)(Kar) 22396

This must continue for uninterrupted period of 12 years..." ought to have seen that as on the date of suit, the plaintiff is in physical possession and enjoyment of the property and even now the plaintiff continues in possession and enjoyment of the property having constructed the pump house and having ... Therefore, defendants are to be restrained from peaceful possession and enjoyment ....

I feel the danger of exposing outgoing tenants to two actions for the same wrong, an action by the landlord and another by the succeeding tenants. ... Are not the new lessees bound to pay him his rent if they accept the lease and enter into enjoyment of the premises ? Have they any other remedy than a claim against the landlord for depreciation of the premises leased to them in a wasted condition ? ... Before deciding that these plaintiffs cannot re....

2023 Supreme(Online)(AP) 24494

The present Writ Petition is filed by the petitioner, seeking to direct the respondents 2 to 5 not to interfere with the peaceful possession

  Possession of undivided shares of land by taking produce of trees on divided portion of land-Verbal arrangement-Admissibility of evidence of enjoyment of specific trees to support title to undivided share- Onus probandi. ... It is competent to owners of undivided shares of land, to make arrangements among themselves as to the enjoyment of the produce of their land. ... The defendants had pleaded adverse possession#HL....

  Co-owners of land-Arrangements as to possession-Evidence of possession of -particular trees in lieu of undivided share-Evidence in anticipation of defendant's case. ... It is' quite competent for the owners of undivided shares to make arrangements among themselves as to the enjoyment of the produce of the land: and evidence showing that the plaintiff had enjoyed the fruit of these trees would go to support his title to five-sixt....

Prescription-Possession with consent-Adverse possession-Overt Ordinance No. 22 of 1871. ... owner had regularly recognized her separate possession. ... There is no reason whatever for thinking he was wrong in so doing. This disposes of defendants' claim to have prescribed against the legal representatives of Gerlits. On this part of the case I need only add a few words as to the case of Jain Carim v. ... The title de....

No doubt, under the old law, there were many general rules common to the two contracts of sale and lease, just as the vendor is bound to deliver the thing sold in such a manner that the purchaser may have the full enjoyment and possession as if the thing belonged to himself (vacuum possessionem ... , to obtain possession of the premises leased. ...   Lease-Right of lessee not in possession to compel third partie....

The words " entitled to the possession of immovable property " rather point to the restriction to a possessory action, otherwise the words " the possession " are surplus age. ... Six persons who claim to be entitled to various shares in a garden brought an action against three persons who were co-owners and who it was alleged had excluded them from the enjoyment of their shares of the premises. ... Prescriptive possession#HL_....

2025 Supreme(Online)(Kar) 36740

Sy.No.20/1 in the year 1994 and defendant without any right, title, interest or possession is unnecessarily denying plaintiff's title making unlawful interference with the plaintiff's peaceful possession and enjoyment. ... Thus, the plaintiff filed the suit seeking permanent injunction restraining the defendant from interfering and obstructing with the plaintiff's peaceful possession and enjoyment of the ....

2019 8 Supreme 1

The requisite period of use and possession is variable and to be determined from case to case. (v) A distinction has to be made between an assertion of rights due to a prolonged custom and usage and that by doctrine of lost grant. (iv) For the applicability of the doctrine of lost grant, there must be long, uninterrupted and peaceful enjoyment of an incorporeal right. Uninterrupted enjoyment includes continuous use or possession.

2019 0 Supreme(Mad) 90

The plaintiff purchased the suit property under a registered sale deed dated 29.05.1990 for valuable consideration from one Elumalai Gramani. Since his purchase, he is in possession and enjoyment. The plaintiff is cultivating the suit property and paying kists. In 0.28 cents of land, he has raised gingely crop and has ploughed 0.32 cents land for raising paddy.

2015 0 Supreme(All) 340

The adage, possession is nine parts of the law, means that the person in possession can only be ousted by one whose title is better than his; every claimant must succeed by the strength of his own title and not by the weakness of his antagonist’s. Possession gives rise to peculiar rights and consequences. The principal is that a possessor has a presumptive title, that is to say, is presumed to be absolute owner until the contrary is shown, and is protected by law in his possession against all ....

2013 0 Supreme(All) 479

The adage, possession is nine parts of the law, means that the person in possession can only be ousted by one whose title is better than his; every claimant must succeed by the strength of his own title and not by the weakness of his antagonist’s. Possession does not necessarily imply use or enjoyment. Possession gives rise to peculiar rights and consequences. The principal is that a possessor has a presumptive title, that is to say, is presumed to be absolute owner until the....

2012 0 Supreme(All) 3027

Possession gives rise to peculiar rights and consequences. Possession does not necessarily imply use or enjoyment. The principal is that a possessor has a presumptive title, that is to say, is presumed to be absolute owner until the contrary is shown, and is protected by law in his possession against all who cannot show a better title to the possession than he has. The adage, possession is nine parts of the law, means that the person in possession can only be ousted by one wh....