Licencee is neither the true owner nor in adverse possession
Manas
(Querist) 08 June 2014
This query is : Resolved
A commercial plot ‘Y’ of size 1800 sqft was leased to my maternal grandfather ‘M’, for 3 renewable terms of 33 years each, by the state of UP in the year 1956. The first lease term of 33 years ended in the year 1989. Thereafter it was not renewed, by the state. The plot was/is used for commercial as well as residential purpose.
In early 1970s M brought his brother N to stay in a portion of the said plot, as N incurred huge loss in his business and therefore N had to sell his house? N passed away in mid-1970’s. After which his wife and son continued to stay in the said portion. Now his grandson ‘B’ resides in the same and holds an electricity and water connection on his (father/grandfather) name, at the said address. B’s father passed away in 2009-10.
In the year 1979, B’s father somehow managed to get the house-tax of half the plot onto B’s grandmother name. This when came in notice of M, was challenged in 1989 and the error was rectified by the municipality. My maternal-grandfather M passed away in 2010, after which the house tax of the said plot got transferred to my maternal-grandmother(‘A’)’s name.
As per the nazul policy of the state, A applied for the freehold of the entire 1800 sq ft plot, in march 2012 B raised his objection to the District Magistrate (DM) against the freehold of the full plot. Arguing that he and his family stays in half of the said plot.
Now in march 2014, B has applied for the freehold of his portion of plot. He claims that in 1977 M made a partition-deed with B’s grandmother, in which M gave half of the plot to B’s grandmother. So, B now claims to be a legal-hier on the basis of which he applies for the freehold.
This partition-deed is on a plain paper and was never executed in any govt. office. (other than in municipality in 1979, which was reversed when objected in 1989).
From our point-of-view he is a licensee. The DM asked us to prove that he is a licensee and his possession is not adverse. Urgently need some references in support of this.
Dr J C Vashista
(Expert) 09 June 2014
No citiations are provided on this platform
R.K Nanda
(Expert) 09 June 2014
agree with experts.
V R SHROFF
(Expert) 09 June 2014
No citiations provided on this platform
Guest
(Expert) 09 June 2014
Search India Kanoon website
Sankaranarayanan
(Expert) 09 June 2014
Better to get from website as suggested by experts
Surrender K Singal
(Expert) 09 June 2014
"that he and his family stays in half of the said plot" can not make him owner.
Land mark judgement of Hon'ble Supreme Court in similar matter of ......Sequira vs ........Fernendes etc. can surely help
Manas
(Querist) 09 June 2014
Thanks for the inputs.
India Kanoon website is not working. Any other website for getting references.
T. Kalaiselvan, Advocate
(Expert) 13 June 2014
