Entry Into Possession - Law Dictionary Search Results
Home Dictionary Name: entry into possessionEntry into possession
Entry into possession, does not use the word 'possession' or the words 'entry into possession, at any point of time at all. The section merely requires occupation of any public premises. Entry into possession connotes one single terminus, viz., the point of time when a person enters into possession or occupies the property whereas occupation is a continuous process which starts right from the point of time when the person enters into possession or occupies the premises and continues, until he leaves the premises. What is germane for the purpose of interpretation of s. 2(2)(g) is whether or not the person concerned was in occupation of the public premises when the Premises Act, was passed, Jain Ink. Mfg. Co. v. L.J.C., (1980) 4 SCC 435: AIR 1981 SC 670 (672). [Public Premises (Eviction of Unauthorized Occupants) Act, 1971, s. 2(2)(g)]...
Unauthorised occupation
Unauthorised occupation, in relation to any public premises, means the occupation by any person of the public premises without authority for such occupation, and includes the continuance in occupation by any person of the public premises after the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever. [Public Premises (Eviction of Unauthorised Occu-pants) Act, 1971 (40 of 1971), s. 2 (g)]The expression 'unauthorised occupation' is explain-ed in s. 437A of the Bombay Provincial Municipal Corporation Act, 1949 in relation to any person authorised to occupy any municipal premises to include the continuance in occupation by him or by any person claiming through or under him of the premises after the authority under which he was allowed to occupy the premises has been duly determined, Ahmedabad Municipal Corporation v. Ramanlal Govindram, AIR 1975 SC 1187: (1975) 1 SCC ...
Trespasser
Trespasser, referred. [Transfer of Property Act, 1882 (15 of 1882), s. 45]One who commits a trespass. In general a person owes no duty to a trespasser, the rule being that a man trespasses at his own risk, Grand Trunk Railway of Canada v. Barnett, 1911 AC 370; and see Latham v. R. Johnson & Nephew, (1913) 1 KB 398; but an owner of a field upon which to his knowledge the public habitually trespassed was under the circumstances held liable to a trespasser for injuries done to him by a vicious horse which the owner of the field kept there, Lowery v. Walker, 1911 AC 10. A man may be a trespasser even on a highway if he is using it for an improper purpose; see Harrison v. Duke of Rutland, (1893) 1 QB 143; and see SPRING GUNS.Per K. Ramaswamy, J.: A rank trespasser is one who does not stand in any contractual relationship with the owner of the premises. A trespasser is also one who lawfully enters into but unlawfully remains in possession of the property without the consent or acquiescence o...
Tail
Tail [fr. tailler, Fr., to prune]. An estate-tail was formerly a freehold of inheritance and is now an equitable interest which may be created after 1925 in respect of personalty as well as realty by way of trust and which (if not barred or disposed of by will after 1925) will devolve inequity on the person who would have taken realty as heir of the body or as tenant by the curtesy if the Law of Property Act, 1925, had not been passed [s. 130 (4) (ibid.)]The limitation of an estate so that it can be inherited only by the fee owner's issue or class of issue, Black's Law dictionary 7th Edn., p. 1466.An estate-tail in land now constitutes a settlement. [(English) Settled Land Act, 1925, s. 1]With this and other statutory modifications under the (English) Law of Property Act, 1925, the rules relating to this form of estate are still applicable (a) in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which th...
forcible entry
forcible entry 1 : the unlawful taking of possession of real property by force or threats of force against the lawful possessor see also forcible entry and detainer 2 : unlawful entry into or onto another's property esp. when accompanied by force [forcible entry of an automobile] ...
Plenum dominium
Plenum dominium, a title combining the right and the corporal possession of property, which possession could not be acquired without both an actual intention to possess, and an actual seisin or entry into the premises, or part of them, in the name of the whole, Civ. Law. See also Maganbhai Ishwarbhai v. Union of India, AIR 1969 SC 783....
interest
interest [probably alteration of earlier interesse, from Anglo-French, from Medieval Latin, from Latin, to be between, make a difference, concern, from inter- between, among + esse to be] 1 : a right, title, claim, or share in property Article Nine security interest : security interest in this entry beneficial interest : the right to the use and benefit of property [a beneficial interest in the trust] contingent interest : a future interest whose vesting is dependent upon the occurrence or nonoccurrence of a future event compare vested interest in this entry controlling interest : sufficient stock ownership in a corporation to exert control over policy equitable interest : an interest (as a beneficial interest) that is held by virtue of equitable title or that may be claimed on the ground of equitable relief [claimed an equitable interest in the debtor's assets] executory interest : a future interest other than a remainder or reversion that may take effect upon the divesting...
enter
enter : to go or come in ;specif : to go upon real property by right of entry esp. to take possession [lessor shall have the right to and take possession] often used in deeds and leases vt 1 : to come or go into [he breaks into and s a vehicle "Code of Alabama"] see also break, breaking and entering 2 : record register 3 : to put in correct form before a court or on a record [ed judgment against the defendant] [ing a plea] compare render 4 : to go upon (real property) by right of entry esp. to take possession [if the lessee defaults, the lessor may the premises] compare distrain en·ter·able adj enter into : to make oneself a party to or in [no State shall enter into any treaty, alliance or confederation "U.S. Constitution art. I"] [entered into a lease] ...
Occupant
Occupant, he who is in possession of a thing. See OCCUPANCY.A person in occupation. A person should be in occupation in his own right and not on behalf of someone else, Upper Ganges Sugar Mills Ltd. v. Khalil-ul-Rahman, AIR 1961 SC 143: (1961) 1 SCR 564.It is legitimate to conclude that even a Jagirdar or a Muafidar is an occupant, Maulana Shamsuddin v. Khushilal, AIR 1978 SC 1740: (1979) 1 SCC 121: (1979) 1 SCR 582. [Bhopal State Land Revenue Act, 1932, s. 2(15)]The expression 'occupant' though not defined in the Act, means a person holding the land in possession or actual enjoyment, Shiveshwar Prasad Narain Singh v. Ghurahu, AIR 1979 SC 413: (1979) 3 SCC 23: (1979) 2 SCR 296. [U.P. Zamindari Abolition and Land Reforms Act, 1950 (1 of 1951), s. 20(b)(i)]Occupant is a person who having obtained the right to possess a public premises, has the right to prohibit entry of another into it, Narayan Ch. Rana v. Balasore Municipal Council, AIR 1991 Ori 179.The word 'occupant' must mean a perso...
Dispossessed
Dispossessed, the word 'dispossessed' in the second proviso means to be out of possession, removed from the premises, ousted, ejected or excluded. Even where a person has a right to possession but taking the law into his hands make' a forcible entry otherwise than in due course of law, it would be a case of both forcible and wrongful dispossession, R.H. Bhutani v. Man J. Desai, AIR 1968 SC 1444 (1449). [Criminal Procedure Code (1898), s. 145(4) and Proviso 2 and, (6)]...
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