Possession -- Settled possession - It must be (i) effective, (ii) undisturbed and (iii) to the knowledge of the owner or without any attempt at concealment by the trespasser - Phrase settled possession does not carry any special charm or magic in it, nor it is a ritualistic formula which can be confined in a straight jacket...........
Rent and eviction -- Tenant at sufferance - Tenant who is continuing in possession without consent of landlord is not a tenant by holding over, but a tenant at sufferance, which is akin in status to that of a trespasser...........
Rent and eviction -- Suit for recovery of possession from trespasser - Inquiry as to valuation of suit - Tenant was categorically described to be a lessee at inception, later on rendered a tenant at sufferance and virtually being described as a trespasser - An inquiry u/s 11 of West Bengal Court Fees Act, is immediately required so that parties are not compelled to..........
Suits Valuation Act, 1887 -- Tenancy created by person having life interest under Will - Death of person having life interest - Tenant can be evicted on the grounds contemplated under the Rent Act - Tenant does not become a trespasser - Suit for possession, held, not maintainable...........
Possession -- Settled possession - Must be : (i) effective, (ii) undisturbed, and (iii) to the knowledge of the owner or without any attempt at concealment by the trespasser - There cannot be a straitjacket formula to determine settled possession - Occupation of a property by a person as an agent or a servant acting at the instance of the owner will not amount to actual..........
Possession -- Illegal possession - Damages - Appellant in possession as a trespasser since 1990 - Rs.3,000/- per month determined as damages after hearing the parties as to monthly rent which it could fetch in the market during period in question - Appellant granted three months time to vacate and directed to pay damages within three months for use and occupation of..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Mere proof of a prima facie case qua possession, is not sufficient to grant injunction in favour of a trespasser...........
Injunction -- Discretionary and equitable relief of injunction - Should not be granted to a trespasser with respect to public land...........
Specific Relief Act, 1963, Section 38 -- Injunction - Cannot be issued in favour of trespasser, who gained unlawful possession as against true owner...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for recovery of mesne profits and future mesne profits from an Unauthorised sub tenant - Even if tenanted premises is in exclusive occupation of unauthorized sub-tenant, it is not open to landlord to institute suit in civil Court for recovery of possession of premises from unauthorized sub-tenant -..........
