Possession - Law Dictionary Search Results
Home Dictionary Name: possession Page: 2Possession follows title
Possession follows title, is a well-recognised one. It means that when a rightful owner is not in actual physical possession, he would, in the eye of the law, be deemed to be in possession. The benefit of such a presumption can accrue only in favour of a rightful owner and not in favour of a wrongdoer. The latter can acquire a title only by actual physical possession, Nagorao v. Jageshwar, AIR 1944 Nag 20: (1942) Nag LJ 375....
To whom possession of the land shall be given
To whom possession of the land shall be given, the words 'to whom possession of the land shall be given' contained the mandate under which the Collector derived powers of directing that the possession of the land was to be given by the tenant to the owner whose name was specified in the Collector's order. Once delivery of possession of the land to the person specified in the order made under sub- s. (1) of 7 had been effected the Collector stood discharged from all liability in respect of such delivery, Dasaudha Singh v. State of Haryana, AIR 1973 SC 710: (1973) 2 SCC 393: (1973) 2 SCR 1006....
Permissive possession
Permissive possession, means that the mortgagee is in possession over the property in question with the leave of the owner, or of the 'bhumidhar'. If on being asked to deliver possession, the mortgagee refuses or declines to do so, it would give rise to a cause of action on the date on which possession is refused to be delivered, Pratap Singh v. Dy. Director of Consolidation, (2000) 4 SCC 614 (622). [Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, ss. 209, 18 and 14 and Entry 30 in App. III]...
Occupy possession
Occupy possession, the term, 'possession' and 'occupy' are in common parlance used inter-changeably. However, in law, possession over a property may amount to holding it as owner but to occupy is to keep possession of by being present in it, Ram Dass v. Davinder, (2004) 3 SCC 684 (687)....
British possession
British possession, shall mean any part of Her Majesty's dominions exclusive of the United Kingdom, and where parts of those dominions are under both a Central and a Local Legislature, all part under the Central Legislature shall for the purposes of this definition, be deemed to be one British possession. [General Clauses Act, 1897 (10 of 1897), s. 3 (6)]Means the contrary intention appears, any part of Her Majesty's dominions except the United Kingdom, where parts of such dominions are under both a central and a local legislature, all parts under the Central legislature are to be deemed to be one British possession, Halsbury's Laws of England, Vol. 6, 4th Edn., Para 804, p. 351.British possession does not include any place within the United Kingdom, the Isle of Man or the Channel Islands, but includes all other places being parts of Her Majesty's dominions, Halsbury's Laws of England, Vol. 6, 4th Edn., Para 1005, p. 490....
Actual delivery of possession
Actual delivery of possession, expression 'actual delivery of possession' can be that actual delivery as contrasted with mere dealing in differences and such actual delivery of possession included within its scope symbolical as well as constructive delivery of possession, Duri Chand Pataria v. Bhuwlka Brothers Ltd, AIR 1955 SC 182 (187). [W. B. Jute Goods Future Ordinance (5 of 1949), s. 2(i)(b)(i)]...
Settled possession
Settled possession, there is no special charm or magic in the word 'settled possession' nor is it a ritualistic formula which can be confined in a straitjacket but it has been used to mean such clear and effective possession of a person, even if he is a trespasser, who gets the right under the criminal law to defend his property against attack even by the true owner, Puran Singh v. State of Punjab, AIR 1975 SC 1674 (1681): (1975) 4 SCC 518: (1975) Supp SCR 299....
Regain possession
Regain possession, the words 'regain possession' used in the statement, in the context, are merely meant to convey 'obtain possession', Shivram Anand Shiroor v. Mrs. Radhabai Shantaram Kowshik, AIR 1984 SC 786 (790): (1984) 1 SCC 588: (1984) 2 SCR 750....
Possession, Writ of
Possession, Writ of, the process of execution in an action of ejectment. A judgment for the recovery,or for the delivery of the possession of land maybe enforced by writ of possession (R.S.C. 1883,...
Discontinuance of possession
Discontinuance of possession, occurs where the person in possession goes out and is followed into possession by other persons, Rains v. Buxton, (1880) 14 CHD 537....
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