Possession in case of leased property

G.L.N. Prasad (Querist) 30 September 2011 This query is : Resolved
A certain property has been leased through regd document to a PSU since 1950 till date. Owner has been collecting lease rent from PSU through dealer after giving authorisation letter. After expiry of owner, it has come to light that PSU dealer has fabricated documents and filed specific performance suit, obtained ex partee decree and got property registered in 1971. Even in 1980 owner has executed fresh lease and given authorisation letter to dealer who claims to have purchased property two decades back. The fact is that as rent is being received through dealer who is a relative, other family members had never suspected foul play. When owner's mother filed partition suit, the suit was dismissed with reason that she has to pay advaleoum stamp duty as she had lost possession decades back and hon judge has not considered that property was under lease and fraud evidences presented.
How possession can be established.

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ajay kumar mishra (Expert) 30 September 2011
If you are actual owner through inheritance you asked for partition then the question of possession is not a factor. your possession over the property may be through lessee, possession means not always physical possession, so if the court dismiss the suit on the ground of possession prefer revision before the competent court.

R.Ramachandran (Expert) 30 September 2011
You did not say as to when did the real owner of the property died? You say that in 1971 itself the agent had got the property registered in his name. The PSU would have made payment of lease amount only through Cheque. If that be so, how the agent can claim possession.
It is not that you say something and we give answer. There is lot of gaps in your facts. Unless you come with clear facts it will not be possible to give an appropriate answer.