BRIJ KISHORE PRASAD SINGH AND OTHERS vs JALESHWAR PRASAD SINGH AND OTHERS

The Supreme Court held that the suit for possession was not barred by Section 47 of the Code of Civil Procedure, 1908, as the defendants' possession was permissive and K retained constructive possession of the property after the compromise. The Court clarified that the High Court erred in concluding that K's lack of physical possession at the time of vesting in the State under the Bihar Land Reforms Act, 1959, precluded him from retaining possession as a tenant. The appeal was allowed, reinstating the Trial Court's decree in favor of the plaintiffs.