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lawyers friend (na)     30 December 2014

Adverse possession versus specific performancre

Hi Learned Law Experts,

We were staying in a property more than a century( year 1905) on the first floor , however in year Feb 2002 ,there was an agreement (duly notarized and witnessed )being done by the then Landlord (dead) with us ,which states that he will give us two flats on the third floor and also will also bear the costs of registration and other legal expenses.

On basis of that agreement we have left the first floor and the building was re-constructed up to third floor ,initially it was only ground plus one.  We have moved to third floor in June 2002 and as per the agreement ,then landlord has given us two flats. Since then we are staying there in the capacity of owner by the virtue of the Agreement.

We have paid no rent sine 2002 and have all the government proofs( Electricity, Water bills, Telephone bills, Pan Card, Voter ID, Aadhar, LPG ,Kids School and DOB Certificates ,MCD House Tax receipts etc..) establishing our rights .

The issue here us that the Agreement was not executed as the Landlord kept us making fool that there is an Arbitration case going on the property in High Court hence till the case is solved ,he cannot do the Regisrty..we also believed as we were having relations with him / his family for more than a century. We also confirmed that a case was in proceedings in year 2004 .

However, now the landlord died in 2007 and his notorious son took a loan by mortgaging his flats and my flats in year 2009 ,2011 and 2013 Consecutively and became a willful defaulter, Bank got orders issues under SARFAESI to take the possession of my flats as the Landlord Son took a stay on his flat stating that my flats are sufficient to pay off the bank loan. The Order says that the "borrower will handover the possession to bank", however the possession is with us. Police, Court Receiver and Bank personnel are harassing us every now and then, we have provided them all our possession proofs including the Agreement ,still the tension is intact

He and Bank ,both filed a false affidavit in the court that the property is in physical possession of the borrower and no one else stays there.

Now, i need your expert advice to save my family and house from this problem and how can i get my Agreement executed/registered to establish myself as an Owner.

Someone says i should go for Adverse Possession as it has been more that 12 years we are staying with family in the flats and we can use the Agreement as an Evidence.. however some says this is not the right way and i should represent as a tenant.. Please advice whats remedies i have to establish my title and get relief.

This forum always gives right approach and right guidance, Your advice will be a life saver.


 2 Replies

Jai Karan Nagwan (consultant)     30 December 2014

Equity demands equity.

lawyers friend (na)     30 December 2014

Sir, please throw some more light on your meaning

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