Iqbal v. Majedudeen and Others – sllr 1999 volume 3 page 213

In the case between Affeerun Nihar Hasnoon Iqbal (2nd respondent-petitioner-appellant) and Samsunnisa Majeebuden (1st respondent) and others, the court addressed whether possession of a corporeal thing, specifically a house, is established by actual physical control or by constructive, dominion-based control, and whether the forcible taking of possession without lawful authority constitutes “forcible dispossession” under Section 68(3) of the Primary Courts’ Procedure Act. The findings established that the 1st respondent had constructive possession of the premises by securing and locking it, contrary to the appellant’s act of forcible entry, which amounted to dispossession under the Act. It was determined that a likelihood, rather than certainty, of a breach of the peace suffices under the