...section. 123(1) of the U.P Zamindari Abolition & Land Reforms Act.5. Sri Tripathi, learned Counsel for respondent No. 5, contends that the petitioner is a rank trespasser and he has no right...title over the land inasmuch as there is no valid allotment in his favour and any claim of the petitioner is without any basis. It is also contended that primarily the application on behalf...of the petitioner for cancellation of the lease was not maintainable as it was barred by time under the provisions of sub-section (6) of section 198 of the Act and even otherwise the petitioner has no...

...04.03.2017. It is submitted that respondent no.4, Ramesh Chandra son of Nanki Devi, who is a rank trespasser and has no right, title or interest to the... Court No. - 36 Case :- CONTEMPT APPLICATION (CIVIL) No. - 984 of 2020 Applicant :- Smt. Shanti Devi...disobedience of the interim order dated 8.7.2019 passed in Writ B No. 1698 of 2019 (Smt. Shanti Devi Vs. State of U.P.). For ready reference...

...rank trespasser and has no right to occupy the suit premises and cannot insist on reconnection of the electricity supply. He submitted that the Petitioner has ample remedies under the Electricity Act...Rule, made returnable forthwith. The respondents waive service. Taken up for disposal. 2. The petitioner has sought a writ of mandamus directing the respondent No..., consisting of a ground plus one floor, located at Ambirna, Doswado, Socrorro, Bardez, Goa. The respondent No.3 is the owner of the premises. It is the case of the petitioner that the petitioner has been...

...rank trespasser and has no right to occupy the suit premises and cannot insist on reconnection of the electricity supply. He submitted that the Petitioner has ample remedies under the Electricity Act...Rule, made returnable forthwith. The respondents waive service. Taken up for disposal. 2. The petitioner has sought a writ of mandamus directing the respondent No..., consisting of a ground plus one floor, located at Ambirna, Doswado, Socrorro, Bardez, Goa. The respondent No.3 is the owner of the premises. It is the case of the petitioner that the petitioner has been...

...rank trespasser and has no right to occupy the suit premises and cannot insist on reconnection of the electricity supply. He submitted that the Petitioner has ample remedies under the Electricity Act...Rule, made returnable forthwith. The respondents waive service. Taken up for disposal. 2. The petitioner has sought a writ of mandamus directing the respondent No..., consisting of a ground plus one floor, located at Ambirna, Doswado, Socrorro, Bardez, Goa. The respondent No.3 is the owner of the premises. It is the case of the petitioner that the petitioner has been...

...possession lawfully. There can be no doubt that a rank trespasser has no right to claim to continue the suit after the death of a party on account of his unlawful trespass. I do agree with the proposition...for the petitioner, urged that the phrase 'intermeddler' would not include a rank trespasser. In this connection attention was invited to a Division Bench case of the Calcutta High Court in...that a rank trespasser ought not to be allowed to continue an infructuons litigation. 7. To the same effect were the observations of Bhide, J. in Jai Kishen Dass v...

...three others. The facts therein are totally different. There, the individual who sought electricity connection was declared to be a rank trespasser with no right, title or interest over the property...claim over the property. That claim will have to be decided in the suit, but certainly, the petitioner cannot by any such of imagination be declared to be a trespasser without any right over the...also advanced elaborate arguments and had also relied on a Judgment of the Division Bench of this Court delivered on 22.01.2018 in W.A.(MD)No.1458 of 2017 [V.Geetha Vs. The Superintending Engineer...

...rank trespasser and has no right or title over the house in question. He has not explained how he obtained possession of the said property and on what basis he is retaining possession. In paragraph 13....13. In our opinion the petitioner has no legal right at all. He appears to be a rank trespasser who forcibly occupied a portion of the house in question. He has not been able to show any...anti-social elements to forcibly grab land.21. Take a case where there is a lessee of nazul land, a tenant of such lessee, and a rank trespasser who had grabbed the land or portion of it. If all three can apply for f...

...held to be a rank trespasser. A trespasser has no right to get the accommodation allotted. If the petitioner cannot be allotted the accommodation he also cannot be allowed to oppose the release...was challenged in this Court by the petitioner by filing a writ petition which a was dismissed and petitioner was held to be a trespasser as per the judgment of this Court in Writ Petition No. 3677...whether a trespasser has any right to contest the application of the landlord for release of the accommodation occupied by the trespasser. According to the petitioner's Counsel since the petitioner was in...

..., he cannot be said to have perfected right by prescription and claim of adverse possession, cannot be accepted. If that be so then petitioner is a rank trespasser having no right, title or interest in...petitioner's specific case was that he was on plot No 392 which was found to be factually wrong as plot No 392 was right in middle of the High Court. He was found on part of plot No 388 in respect of...copiers, eateries etc. It appears when the writ petition was filed, petitioner claimed a small portion of plot No 392. This Court ordered that except for plot No 392, the rest of the area may be got...

...right, in holding that even if, the possession of the plaintiff over the property, in dispute, was assumed, he could, at the most be said to be a rank of trespasser. A rank of trespasser has no ...placed cow-dung cakes and bitoras therein. It was further stated that the defendants/respondents had no right, title or interest, in the property, in dispute. They were threatening to dispossess the...Sham Sunder, J.CM No. 10525-C of 2009:Application is allowed as prayed for.RSA No. 3396 of 2009This Regular Second Appeal is...

...petitioner has no right whatsoever to remain in possession of the plot in question. Furthermore, the conduct of the petitioner shows that the petitioner is a rank trespasser in the property in...dispossessed on 22nd September 2008, the petitioner forcibly entered upon the property on 23rd September 2008, as claimed by the respondent, the petitioner would still remain as a rank trespasser and would have no ...said plot, in furtherance to the notice dated. 18th September 2008, as the petitioner is a trespasser and has no right in the property in question.3. Separate Affidavit has also been filed...

...has no right in the property and it is contended therefore that the alleged construction may be restrained by way of interim injunction.8. If the facts are stated as above, the present respondent may have no ...courts below, it is difficult to accept the claim made by the plaintiffs that the respondent is a rank trespasser who had no right over the property.13. The commissioner noticed that...accept that the respondent has no right over the property, the courts below were perfectly justified in coming to the conclusion that neither balance of convenience nor irreparable loss caused to the...

...the lapse of eleven months, the Petitioner has no right whatsoever to remain in possession of the plot in question. Furthermore, the conduct of the Petitioner shows that the Petitioner is a rank ...September 2008, as claimed by the Respondent, the Petitioner would still remain as a rank trespasser and would have no right in the property in question. Even from that point of view, the Petitioner having...said plot, in furtherance to the notice dated 18th September 2008, as the Petitioner is a trespasser and has no right in the property in question. 3. Separate affidavit has also been...

...away by MCD on 23rd and 25th November, 1993. It is also mentioned in the affidavit that the petitioner is a rank trespasser and has got no right, title and interest in the suit property and thus no...which are necessary to dispose of this application are recapitulated as under:1. The case of the petitioner is that a piece of land measuring 85 sq.yds forming part of Khasra no. 624, 278...status quo against the M.C.D Admittedly there is no construction at the spot. In my view, even if no status quo order is passed then there is no imminent threat of demolition of any structure...

...commercial value and there being no authority in favour of the petitioner, leaves no iota of doubt of petitioner being a rank trespasser over a public property. Accordingly, since no legal right e...is a piece of Najul land which is being used as School Play Ground. It is also the contention that the petitioner had filed an application for allotment of Najul land Sheet No. 7-B, Plot No. 16 and...17 and sheet No. 7 D, plot No. 2/1 area 12083 sq. ft. on 19.1.2009 However, no action thereon has been taken, but pending said application on the basis of the report in local newspaper by some...

..., and he was the rank trespasser that he has no right to the use and occupation of the land obviously because no provision of the Act recognises the right of such rank trespassers and tha.... The petitioner specifically alleged Jin his application that the respondent was a trespasser who had no right to the use and occupation of the land alleged to be encroached upon. When the petitioner...the petitioner in his application under the Act that he was the owner of the land and that the present respondent had, as a rank trespasser, effected his entry into some parts of the two survey...

...trespasser, it is submitted that he has no right to obtain electricity.3. I need not go into the controversy regarding the status of the petitioner because it is not the appropriate forum..., the petitioner has lost his right to lawful possession of the tenanted premises and, therefore, should not be regarded as a tenant in lawful possession. The petitioner's status being that of a rank...raised by the respondents 5 and 6 and/or anyone else, the corporation shall be at liberty to seek the assistance of the Officer-in-Charge, Golabari Police Station, respondent no. 4, who shall provide...

...on the allegation that the defendant was a rank trespasser, who had no right to be in possession of the property. 4. The appellant denied that he was a trespasser. According to him..., dated 16-12-1961, passed by the 2nd Civil Judge II Class, Jabalpur, in Civil Suit No. 241-A of 1960. 2. The field Khasra No. 135 in 'Malik-Makbuza' right was originally held by Mst...been found concurrently by the learned Judges of the Courts below, the appellant was not a rank trespasser. He was a sub-tenant of the suit field on the strength of sub-leases granted by Mst. Motibai...

.... It is not the case of the petitioners that respondent No. 5 was having any land and still he has been allotted the land in dispute. The rank trespasser has no right, title and interest whatsoever in...rank trespassers on the land. They made the encroachment on this land. Otherwise also in a case of an encroacher he deserves no consideration in the eye of law. It is not in dispute that petitioners...assumption or presumption or acceptance that the petitioners are in possession of the disputed land but their possession thereon is only of a rank trespasser and as it is not being a legal possession...