ADVERSE POSSESSION

Querist : Anonymous (Querist) 04 April 2011 This query is : Resolved
WE ARE LIVING IN A HOUSE FOR 14 YEARS WITH THE KNOWLEDGE OF THE OWNER OF THE HOUSE MR.X AND AGAINST HIS PERMISSION BUT HE NEVER WENT TO THE COURT FOR THIS MATTER. NOW AFTER 14 YEARS MR.X WANT TO GO TO THE COURT TO REMOVE US FROM THE HOUSE. THE FOLLOWING ARE MY QUESTIONS:

(A) IS THE COURT COMPETENT TO GIVE SUCH A PERMISSION TO MR.X AFTER 14 YEARS?

(B) IF MR. X SELLS HIS PROPERTY TO MR. Y THEN CAN MR. Y GO TO THE COURT TO EVICT US?

(C) CAN WE CLAIM OUR SELF TO BE THE OWNERS OF THE HOUSE IN WHICH WE ARE LIVING FOR LAST 14 YEARS BY ADVERSE POSSESSION AND DEAL IT IN ANY WAY WE WANT?

(D)KEEPING THE ABOVE SITUATION IN MIND, WHO IS THE REAL OWNER OF THIS HOUSE AT PRESENT?

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R.Ramachandran (Expert) 04 April 2011
When you say you are living against his permission - what do you mean. Did he ever object and in what manner did he object and when did he object, and why did he object?
Further, also please state how you first gained possession of the premises - in what circumstances.

H. S. Thukral (Expert) 04 April 2011
you can take defence of adverse possession, but can not perfect your title on this plea.

Chanchal Nag Chowdhury (Expert) 04 April 2011
1.YES. A decree of eviction can be passed against U.
2.YES.
3. Merely being in possession for 14 years without the landlord's permission does not ipso facto make your possession adverse to the landlord.
4.The landlord.

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