AI Overview...
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Possession Simpliciter - The courts generally lack authority to pass orders for possession simpliciter, especially in cases involving tenants and rent default. Such suits often do not fall under the scope of possession simpliciter, and courts may require specific declarations or additional reliefs. Jamnadas Motimal Vanwari VS Ishwaribai Tejandas Alwani - Bombay, Krishnaveni Ammal VS Sundaralakshmi Ammal and Others - Madras, Ram Kishore VS Bali Ram - Allahabad, Mr. Govindarajulu, represented by his Power of Attorney Agent, G. Radhamma VS K. Subramaniam - Madras, State Of Punjab VS Buta Singh - Punjab and Haryana, Krishnaveni Ammal VS Sundaralakshmi Ammal - Madras
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Suit for Possession Simpliciter - A suit filed solely for possession without seeking declaration of title or other reliefs is recognized as a suit for possession simpliciter. However, in cases where the suit involves claims based on title or adverse possession, it is not considered one for possession simpliciter. The applicability of specific articles like Art. 67 of the Limitation Act depends on whether the suit is for recovery of possession simpliciter or based on title. Krishnaveni Ammal VS Sundaralakshmi Ammal and Others - Madras, Mr. Govindarajulu, represented by his Power of Attorney Agent, G. Radhamma VS K. Subramaniam - Madras, Krishnaveni Ammal VS Sundaralakshmi Ammal - Madras
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Limitation and Applicability of Laws - Articles like 67 of the Limitation Act are applicable only when the suit is for recovery of possession simpliciter. If the suit includes claims of title or adverse possession, different provisions apply, and the suit may not qualify as one for possession simpliciter. The valuation and reliefs sought also influence this classification. Krishnaveni Ammal VS Sundaralakshmi Ammal and Others - Madras, Mr. Govindarajulu, represented by his Power of Attorney Agent, G. Radhamma VS K. Subramaniam - Madras, Krishnaveni Ammal VS Sundaralakshmi Ammal - Madras
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Possession of Articles and Punishment - Possession simpliciter of articles (e.g., drugs, foreign liquor, seditious literature) is often not punishable under specific statutes unless certain conditions are met. Mere possession without additional elements like sale or intent may not attract penalties. The legality of possession depends on the context and statutory provisions. State of Punjab VS H. S. Dhillon - Crimes, State Of Punjab VS Buta Singh - Punjab and Haryana, Manorama Devi, W/o Bindi Yadav @ Bindeshwari Prasad Yadav VS State of Bihar - Patna, - Madras
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Court’s Discretion and Evidence - Courts may consider possession simpliciter as a factor but generally require more than mere possession for punitive or declaratory relief. Evidence of possession, especially in criminal or regulatory contexts, must align with statutory definitions to establish guilt or rights. Manorama Devi, W/o Bindi Yadav @ Bindeshwari Prasad Yadav VS State of Bihar - Patna, - Madras
Analysis and Conclusion:
Possession simpliciter refers to the straightforward act of having possession of property or articles without additional claims or circumstances. In civil law, suits for possession simpliciter are limited and often require the absence of claims based on title or adverse possession. Courts tend to restrict the scope of such suits, emphasizing the need for clear legal grounds and proper reliefs. In criminal or regulatory contexts, mere possession may not be punishable unless statutory conditions are satisfied. Overall, the concept underscores the importance of the nature of the claim, the relief sought, and the specific legal provisions applicable.
Search Results for "Possession Simpliciter"
1981 0 Supreme(Bom) 109 • India - Bombay
V.S.DESHPANDE, C.S.DHARMADHIKARI, SUJATA V.MANOHAR
In a suit for possession simpliciter, the Court has no authority to pass such an order. ... Fact of the Case: In a suit for possession simpliciter against the tenant on the ground of default in payment of rent ... Issues: Whether the Court has the power to direct the tenant to deposit rent in a suit for possession simpliciter under the ... It is not possible to trace any such power of the suit is for possession of the premises simpliciter. ... 7. ....
1987 0 Supreme(Mad) 399 • India - Madras
V.RATNAM
Ratio Decidendi: The court reasoned that the suit was not one for recovery of possession simpliciter, as contemplated by Art ... simpliciter, as contemplated by the article. ... LIMITATION ACT, 1963 - ART. 67 - SUIT FOR RECOVERY OF POSSESSION BY LANDLORD FROM TENANT - APPLICABILITY - SUIT BASED ON TITLE ... The reliefs prayed for in the suit are, declaration of title, recovery of possession and mesne profits. In other words, the suit is not one for recovery of possession sim....
1967 0 Supreme(All) 126 • India - Allahabad
J.N.TAKRU
SIMPLICITER IS CONCERNED. ... simpliciter is concerned. ... simpliciter is concerned. 2. ... I am, therefore, unable to see why Ss.8 to 11 of the Indian Oaths Act cannot be held to be applicable to proceeding under S.145, Criminal P.C. at all event so far as the question of possession simpliciter is concerned. ... M., in deciding the question of possession arose out of the offer made by the applicant himself fled there is nothing in that section which prohibits him from deciding the qu....
• India - Crimes
B.S.YADAV
The possession simpliciter of the articles is not punishable under any of the provisions of the Act. ... simpliciter not punishable under Section 29 of the Act. ... "stocks or exhibits for sale" is indivisible whole and contemplates not only stocking drugs but stocking drugs for sale purpose-Possession ... simpliciter of the articles does not appear to be punishable under any of the provisions of the Act. ... Khanna appearing for the State, however, contended that the word "stock" used in section is wid....
1942 0 Supreme(Mad) 174 • India - Madras
HORWILL
Finding of the Court: The sentence imposed by the lower courts was considered reasonable as possession simpliciter ... Ratio Decidendi: Possession simpliciter of seditious literature is liable to a heavy sentence under the Defence of India Rules ... Possession - Seditious Literature - The court found that the possession of seditious literature, especially a particular manuscript ... Possession simpliciter is however liable to a heavy sentence unde....
1991 0 Supreme(P&H) 468 • India - Punjab and Haryana
S.D.BAJAJ, HARMOHINDER KAUR SANDHU
Possession simpliciter of the articles does not appear to be punishable under any of the provisions of the Act. ... Possession simpliciter of the articles does not appear to be punishable under any of the provisions of the Act. ... All that has been shown is that the tablets concerned were recovered from his possession. It was urged that possession simpliciter of the tablets of any quantity whatsoever would not fall within the mischief of Section 27 of the Act. ... Th....
2000 0 Supreme(Mad) 835 • India - Madras
K.P.SIVASUBRAMANIAM
of possession simpliciter. ... Limitation Act (XXXVI of 1963), Arts.65 and 67-Adverse possession---Suit for declaration of title and recovery of possession filed ... by landlord - Defendant claiming adverse possession - Art.67 is applicable on suit based on declaration of title and not recovery ... Therefore, according to learned Judge, the suit was not one for recovery of possession simplciter as contemplated under Art.67 of the Limitation Act. Further, the suit h....
1950 0 Supreme(P&H) 52 • India - Punjab and Haryana
KHOSLA
simpliciter. ... simpliciter without obtaining a declaration. ... COURT FEES ACT - SECTION 7(IV)(C) AND 7(V) - SUIT FOR DECLARATION OF NULL AND VOID ALIENATION AND POSSESSION - COURT FEE - WHETHER ... In a case of this nature the plaintiff need not obtain any declaration with regard to the alienations and can bring a suit for possession simpliciter. ... It is not necessary for hip to get a declaration at all and he can bring a suit for possession simpliciter. He canno....
2016 0 Supreme(Pat) 1068 • India - Patna
AHSANUDDIN AMANULLAH
simpliciter of foreign liquor has not been banned by State Government – Petitioner was not even in house and only because of her ... Bail – Allegation against petitioner is that from house of petitioner, six bottles of India made foreign liquor were recovered – Possession ... However, he is not in a position to deny the fact that possession simpliciter has also been banned. ... simpliciter of foreign liquor has not been banned by the State Government. ... He has also not been able to distinguish the ord....
1987 0 Supreme(Mad) 397 • India - Madras
RATNAM
simpliciter provisions of Article 67 of the Act cannot be applied. ... Article 67 - Applicability - After 12 years of termination of jural relationship of landlord and tenant suit filed for recovery of possession ... The reliefs prayed for in the suit are, declaration of title, recovery of possession and mesne profits. In other words, the suit is not one for recovery of possession simpliciter, as contemplated by Art. 67 of the Limitation Act. ... Further, the suit had been valued under S. 25(a) of the T....
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