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SC ruling owners must act within 12 years or lose ownership

Querist : Anonymous (Querist) 08 August 2019 This query is : Resolved 
Dear All,
The honorary supreme court has ruled an owner of the property must act within 12 years in case of pvt property and 20 years in case of public,else the person in possession of the property can claim ownership right and the original owner cannot
Is it applicable to an old tenant in state of Maharashtra
the tenant has been in possession of suit premises in Mumbai since 1972,the original landlord passed away in year1981,landlord son became the owner of the suit premises ,however landlord son stopped accepting rent since 1991,he filed a suit for eviction on bonafide ground in the year 2006 on the ground of rent default payment and premises needed for his own use.
the case is still going on,can the tenant claim ownership as per the latest supreme court ruling
as the landlord son didn't act for more than 12 years, also in rent agreement with original landlord in year 1972 its clearly mentioned the rent agreement is valid for 11 months, and will be automatically renewed once the tenant continues to pay rent regularly.
The tenant has filed in court various proof of landlord son having more than 7 commercial properties on ownership basis and he has given it on leave and license. Also rent has been deposited in court which the landlord has still not accepted.
The Landlord has pleaded in court that the tenant has made unauthorized permanent structure in suit premises by erecting a mezzanine floor,
which is incorrect,as the mezzanine floor has been there ever since the suit premises was rented out since 1972 however the mezzanine isn't mentioned in desription of property in rent agreement of 1972.
The tenant has given proof that mezzanine floor isn't permanent since its fixed with nutbolts and on iron supporting rods on the wall and wooden floor which can be dismantled without causing damage to structure.
However the tenant can't prove that the mezzanine has been there since inception of agreement and landlord son is taking advantage of that by saying the mezzanine floor was constructed few years ago without landlords son approval
what are the chances of tenant in the above case and can he claim ownership as per supreme court limitation ruling of 12 years
Querist : Anonymous (Querist) 08 August 2019
correction is 30 years in case of public property,
link to article
Owner must act within 12 years or squatter will get rights: SC
https://timesofindia.indiatimes.com/india/owner-must-act-within-12-years-or-squatter-will-get-rights-sc/articleshow/70579663.cms?utm_campaign=andapp&utm_medium=referral&utm_source=native_share_tray
KISHAN DUTT KALASKAR (Expert) 09 August 2019
Not interested in replying....

Not interested in replying.....


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