Adverse possesion
Shumaila Altaf
(Querist) 27 May 2013
This query is : Resolved
A sub tenant is claiming adverse possession from person who is himself a lessee. what remedy does the original lessor have.
Shumaila Altaf
(Querist) 27 May 2013
landlord gave house on lease for 15 years, the lessee sub-let the house for 1 year and then sub tenant continued to live for 12 years without any lease agreement or permission of the lessee( tenant at sufferance. now the lessee file suit for eviction but the sub-tenant is claiming adverse possession. what is the correct position of rights of each of these persons i.e. landlord, tenant, sub tenant.
Advocate M.Bhadra
(Expert) 27 May 2013
Here tenant and sub-tenant can not claim adverse possession,sub-let is also a ground of eviction of tenant by the landlord.
The Article originated written by www.legalblog.in:-
The Supreme Court in Chatti Konati Rao & Ors. vs Palle Venkata Subba Rao has explained the underlying principles in cases pertaining to claims of Adverse Possession. The Bench speaking through Justice C.K. Prasad held as under;
"What is adverse possession, on whom the burden of proof lie, the approach of the court towards such plea etc. have been the subject matter of decision in a large number of cases. In the case of T. Anjanappa v. Somalingappa (2006) 7 SCC 570, it has been held that mere possession however long does not necessarily mean that it is adverse to the true owner and the classical requirement of acquisition of title by adverse possession is that such possessions are in denial of the true owner's title. Relevant passage of the aforesaid judgment reads as follows :
It is well-recognised proposition in law that mere possession however long does not necessarily mean that it is adverse to the true owner. Adverse possession really means the hostile possession which is expressly or impliedly in denial of title of the true owner and in order to constitute adverse possession the possession proved must be adequate in continuity, in publicity and in extent so as to show that it is adverse to the true owner. The classical requirements of acquisition of title by adverse possession are that such possession in denial of the true owner's title must be peaceful, open and continuous. The possession must be open and hostile enough to be capable of being known by the parties interested in the property, though it is not necessary that there should be evidence of the adverse possessor actually informing the real owner of the former's hostile action."
Shumaila Altaf
(Querist) 27 May 2013
but in this case the landlord had given permission to sub-let the property. And cause of action arose for the tenant when the sub-tenant, even after the expiry of his lease, continued possession without the tenant's consent. the tenant, however, did not take any action and chose to sleep over his rights. the landlord had no reason to take any action because for him the lease still subsisted and was valid for 15 years. the sub-tenant is claiming adverse possession against the tenant and even managed to get a status quo in his favour.
