Adverse possession
Charanjit Singh
(Querist) 17 January 2013
This query is : Resolved
I am thankful to all esteemed lawyers who have replied to my query.
I have to add further here that the Pan thela in his plaint of civil suit is only saying that he is in possession since 1969 and he knows the about litigation going on and final decision about the main shop case. He is no where saying that he is a tenant of my partner or me. He is more worried about eviction of his portion of the ( 3ft X 2ft ) of Pan shop. Original Water bill & Electricity Bill still stands in my Grand Father's name. Pan thela has taken a separate Elec Meter in 2004 in hin name as Gupta Pan Mandir and he is paying corpn Tax since 2001. The partership between and my Grand Father / Father & main shop ( other than pan shop) was on Rs 5/- stamp paper that too unregistered proved in Bombay H.C. One more valid point which HC ( Hon.Justice Arun Choudhary ) mentioned in their order is that shop is earmarked for refugees from Pakistan and no body else can be owner. Now Pan thela wala is claiming ownership by vitue of possession since 1969 & my father's innocence to the extent that one day this Pan thela wala may also claim ownership of his portion in the main shop of 240 sq ft. I think matter is more clear now.If still more details are required you can mail me on charanjit.khurana@gmail.com
Raj Kumar Makkad
(Expert) 18 January 2013
You add your further query in the same thread so that the earlier discussion may be taken into due consideration.
Charanjit Singh
(Querist) 18 January 2013
Complete query in one thread ---
Old query - I have a shop in Nagpur for which I have won the case in 2012. We had given shop to one partner / tenant since 1968 due to health problems of my father . The partner kept one pan thela wala namely Gupta in the year 1969 with verbal consent of my father. In 1984 we filed a case for ejection & possession & ultimately won the case from SC in Feb 2012. When the Pan Thela wala was inducted our relation were good with our partner. Post 1981 legal proceeding started to evict the shop. That time in good faith we did not disturb / challenged the possession as it is occupying small portion of ( 3ft by 2ft) total area of 240 sq ft of whole shop. Since SC judgment has come in my favour, pan thela wala is scared to get evicted, he filed a case of adverse possession against us.
Whether he has got the right to claim under law of adverse possession though we have won the case for entire area of 240 sq ft. He is unofficially paying ( rent)something to our partner for to which I am not the party.
Additional Points -- I am thankful to all esteemed lawyers who have replied to my query.
I have to add further here that the Pan thela in his plaint of civil suit is only saying that he is in possession since 1969 and he knows the about litigation going on and final decision about the main shop case. He is no where saying that he is a tenant of my partner or me. He is more worried about eviction of his portion of the ( 3ft X 2ft ) of Pan shop. Original Water bill & Electricity Bill still stands in my Grand Father's name. Pan thela has taken a separate Electric Meter in 2004 in his name as Gupta Pan Mandir and he is paying corpn Tax since 2001. The partnership between and my Grand Father / Father & main shop ( other than pan shop) was on Rs 5/- stamp paper that too unregistered proved in Bombay H.C. One more valid point which HC ( Hon.Justice Arun Choudhary ) mentioned in their order is that shop is earmarked for refugees from Pakistan and nobody else can be owner. Now Pan thela wala is claiming ownership by virtue of possession since 1969 & my father's innocence to the extent that one day this Pan thela wala may also claim ownership of his portion in the main shop of 240 sq ft. I think matter is more clear now. If still more details are required you can mail me on charanjit.khurana@gmail.com.
Further I am thinking aloud to take stand in court that being a Sikh , Pan, Tobacco, etc are prohibited as per our religion. I don’t know whether it is advisable to take such type of stand.
Your valuable guidance is solicited.
Thanks & Regards
Charanjit
Raj Kumar Makkad
(Expert) 18 January 2013
As the portion occupied by Thela wala is part of the shop which has been duly ordered by Hon;ble SC to be vacated in your favour so the same is also covered and you may take this plea before the civil court. Merely obtaining an electricity meter or paying corporation tax ipso facto do not cover the concept of adverse possession rather the same is a permissive possession which has already been withdrawan you by serving a notice to such person so Gupta ji has no plea to claim his alleged adverse possession.
Charanjit Singh
(Querist) 18 January 2013
Thanks a lot Makkad Sahab. I am grateful to you for your prompt reply.
With Warm Regards,
Charanjit
Raj Kumar Makkad
(Expert) 18 January 2013
Most welcome dear Charanjit Khurana sahab.
Charanjit Singh
(Querist) 01 February 2013
Dear Sir(s)
The applicatio for Temp injuction by Gupta Pan Mandir has been rejected with cost by Hon. Judge Mr. M.S.Lone,Jt.CJJD, Nagpur on following grounds
1.SC/HC/RCA/SCS are applicable to entire area of Municipal plot no 90 incuding Pan Thela.
2.Even after knowing that litigation is going on since 1984, why he was a mute spectator. He deliberately not participated in litigation.
3. Merely having Shop License, Food & Drug License or paying taxes does not bestow ownership rights.
4.Pan wala is a trespasser as his pleading suggests.
Special thanks to Respected Mr.Raj Kumar Makkad, Mr Patnaik & Mr Ganguly.
Regards,
Charanjit Singh Khurana
Raj Kumar Makkad
(Expert) 01 February 2013
Congratulations and most welcome for your response.
Charanjit Singh
(Querist) 02 February 2013
Thanks, please let me know what are his chances if Gupta ji goes for appeal in higher court based on this order.
Charanjit Singh
(Querist) 13 February 2013
Dear Sir(s)
Please let me know the interpretation of Adjustment of Decree order 21 into 2 & whether I can take take advantage of the same to evict Pan thela wala if restaurant wala supports me in court against pan thela wala.
In fact I wish , that court should provide me beliff and police protection when I am going to take possesstion on 24th Feb
