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TMI Blog1995 (5) TMI 292X X X X Extracts X X X X X X X X Extracts X X X X ..... ted the petitioner his men, tenants to vacate and hand over vacant possession of the land held by the petitioner . The decree had become final. When warrant was issued in execution for delivery of possession, the bailiff returned it on the ground that the petitioner had constructed shops and inducted tenants into possession and that, therefore, he cannot execute the warrant. Thereon, the respondent filed an application under Order 21, Rule 98 read with Section 151 CPC to issue warrant to the bailiff to demolish the shops constructed by the petitioner and deliver vacant possession of the suit house. The executing court, after enquiry, by its order dated September 30, 1993 directed bailiff by warrant to demolish the shops and to deliver vaca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contrary in any other law of the time being in force. Halsbury's Law of England, IVth Ed., Vol. 35 in paragraph 1214 at page 735, the word 'possession' is used in various contexts and phrases, for example, in the phrase 'actual possession' or 'to take possession' or 'interest in possession' or 'estate in possession' or 'entitled in possession'. In paragraph 1211 at page 732, legal possession has been stated that possession may mean that possession which is recognised and protected as such by law. Legal possession is ordinarily associated with de facto possession; but legal possession may exist without de facto possession, and de facto possession is not always regarded as possession in law. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s the right to exclude all others from the possession and enjoyment of it. If he is wrongfully deprived of what he owns, the owner has a right to recover possession of it from the person who wrongfully gets into possession of it. The right to maintain or recover possession of a thing as against all others is an essential part of ownership. Ownership implies not so much the physical relation between the person and the thing as the relation between the person owning and the thing owned. Ownership is pre-eminently a right. The right to ownership of a property carries with it the right to its enjoyment, right to its access and of other beneficial enjoyment incidental thereto. If any obstruction or hindrance is caused for its enjoyment or use, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n possession. 4. Rule 35(3) of Order 21 C.P.C. itself manifests that when a decree for possession of immovable property was granted and delivery of possession was directed to be done, the court executing the decree is entitled to pass such incidental, ancillary or necessary orders for effective enforcement of the decree for possession. That power also includes the power to remove any obstruction or super-structure made pendente lite. The exercise of incidental, ancillary or inherent power is consequential to deliver possession of the property in execution of the decree. No doubt, the decree does not contain a mandatory injunction for demolition. But when the decree for possession had become final and the judgment-debtor or a person inter ..... X X X X Extracts X X X X X X X X Extracts X X X X
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