Possession is to be protected because a man by taking possession of an object has brought it within the sphere of his will. He has extended his personality into or over that object. As Hegel would have said, possession is the objective realization of free will. And by Kant’s postulate, the will of any individual thus manifested is entitled to absolute respect from every other individual, and can only be overcome or set aside by the universal will, that is, by the state, acting through its organs, the courts.
In M. C. Chockalingam & Ors v. V. Manickavasagam 1974 (1) SCC 48, where it was held inter alia, that: “Lawful possession cannot be established without the concomitant existence of a lawful […]
The terms “possession” and “occupy” are in common parlance used interchangeably. However, in law, possession over a property may amount to holding it as an owner but to occupy is to keep possession of by being present in it.
POSSESSION-It is a settled principle of law that in order to prove that the possession of any person in any immovable property is legal, it is necessary for such person to prove prima facie that he is either the owner of such property or is in possession as a lawful tenant or is in its permissive possession with the express consent of its true owner. Such is not the case here.
In the Penal Code different expressions have been used in different places, which indicate that a distinction between being in possession” and “becoming possessed” was intended. Sections 239 and 241 may be referred to in this connection.
A suit for declaration of title and confirmation of possession of, certain lands and other ancillary reliefs.The plaintiffs claimed to have derived title to the lands in suit by purchase from the defendant by a registered deed
On this admitted position the petitioners cannot be held to be trespassers in respect of the dharmasala, temple and shops; nor can it be held that the dharmasala, temple and shops belonged […]
SUPREME COURT OF INDIA DIVISION BENCH ( Before : Kurian Joseph and Shiva Kirti Singh, JJ. ) DELHI DEVELOPMENT AUTHORITY — Appellant Vs. ARCHANA KHANNA & ORS. — Respondent Civil Appeal No. […]
SUPREME COURT OF INDIA DIVISION BENCH ( Before : Kurian Joseph and Shiva Kirti Singh, JJ. ) DELHI DEVELOPMENT AUTHORITY — Appellant Vs. VEEN MAHAJAN AND ORS. — Respondent Civil Appeal No. […]
A plaintiff can on strength of his possession resist interference from persons who have no better title than himself
The plaintiff can on the strength of his possession resist interference from persons who have no better title than himself to the suit property. Once it is accepted, as the trial court and the first appellate court have done, that the plaintiff was in possession of the property ever since 1947 then his possession has to be protected as against interference by someone who is not proved to have a better title than himself to the suit property.
KEYWORDS:- LAWFUL POSSESSION-mesne profits DATE:- 31-10-1973. Lawful possession cannot be established without the concomitant existence of a lawful relationship between the landlord and the tenant. This relationship cannot be established against the […]
KEYWORDS:-POSSESSION DATE:-12-02-1968 AIR 1968 SC 1165 : (1968) 3 SCR 163 (SUPREME COURT OF INDIA) Nair Service Society Ltd. Appellant Versus K. C. Alexander and others Respondent (Before : M. Hidayatullah, S. […]
KEYWORDS: -PROOF OF POSSESSION- Vacant Land “But what if the property is a vacant site, which is not physically possessed, used or enjoyed? In such cases the principle is that possession follows title. […]
Keywords:-Adverse Possession-possession follows title-Title by Prescription Possession follows title. The plaintiffs having established title to the suit property, will be entitled to decree for possession, unless their right to the suit property […]
Keywords:- Adverse Possession The right to property is now considered to be not only constitutional or statutory right but also a human right. Human rights have already been considered in realm of […]
Anathula Sudhakar v. P. Buchi Reddy (dead) by LRs. & Ors. (2008) 4 SCC 594 wherein the Court had summarized the conclusions thus: : “21. To summarise, the position in regard to […]