At the time of the preliminary order though they are not themselves likely
Effective occupation and control over the property. A stealthy act of ploughin
And sowing in the absence of the parties is neither real nor tangible possession
It is not the same as the right to possession nor does it mean lawful or legal
Ctual possession includes the possession of the master through his servan
Of the proprietor through his agent or of the landlord through his immediate
Was held in Vijay Kumar v. Neeraj Kumar,10 that the question of title with respect
Regarding actual possession in the case. The Magistrate can, however, consider
Decide the question of possession. Thus the question of title can be referred in
Joint Possession.-This section does not apply when two parties are in
Joint possession and one of them tries to evict the other so as to endanger the
Public peace.” It applies to a dispute between parties each of whom asserts the
Right to hold exclusive possession as against the other.. When Magistrate finds
That the contesting parties are in joint possession he becomes functus officio and
No order can be made under this section. In such cases the Magistrate may
Where a civil litigation is pending for the property wherein the question
12.