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pankaj bhargava (partner)     31 October 2010

adverse possesion

In 1952 property was rented   and regular rent was being paid to landlord. Landlord expired and after his demise rent was deposited with the rent controller, who, after sometime, somewhere in 1980s, adjourned the case sine die and consigned the file to record room  on the ground that Late landlord's family dispute cases were pending in High Court for establishing legal heirs for various properties and to wait for the final outcome.

All these years no legal heir has turned up and the property is being used peacefully for earning livelihood of the tenant and his family . Is the tenant entitled to gain legal title of the property under adverse possesion law? If yes then what is the procedure?



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 2 Replies

Kiran Kumar (Lawyer)     31 October 2010

tenant is not entitled to ownership merely on the basis of long tenancy and possession.

 

since its a case of admitted tenancy, principle of adverse possession is not applicable.

 

otherwise also suit can not be filed on the basis of adverse possession, adverse possession can only be pleaded as a defence....but in your case principle of adverse possession is not applicable...enjoy the tenancy till the legal heir come forward to evict the tenant.

pankaj bhargava (partner)     31 October 2010

Thanks for the feed back. Actually Father is the tenant and son has been in possesion for over 25 years. Does it affect the status of adverse possesion?


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