does this mean possesion

In jurisprudence it is said that possession is Nine points of the Law". Possession of a property by a personon behalf or on behalf of other person, the true owner having a right to immediate possession. But if the true owner doen not wnforce his right within the period prescribed by the law relating ti limitation, the possession of the former becomes adverese to the true owner and rioens into ownership. To claim successfully the adverse possession vesting the title in possession the possession must be actual, visible, exclusive, hostile and continued during the statutory period of limitation which as per Limitation act is 12 years but in some State Like Bihar in regard to limitation period over immovable property like land is 30 years.

Dear anupa,

The facts of your case shows that the intention of the owner is letting out the premises to Mr.B is only a licence.  Even the owner can hold that it was a mere licence for Mr.B to use the premises for a specific purpose and the owner is entitled to terminate the licence and ask Mr. B to vacate any time. 

In the absence of any contract for improvements made on the premises / evideces of money spent towards the same, Mr. B cannot claim any amount from A nor right to continue the premises as licencee.

Note: Any person in possession of the premises / acting under the permissive instructions of the owner (as a tenant or as a licencee) cannot claim adverse possession over the property of the owner.

Best regards

krish

I am with Mr. Krishnaa, the answer of the Mr. Assumi is correct in case any one claims the possession by way of adverse possession. It is rightly said by Mr. Assumi that adverse possession must be actual visible hostile continuous, peaceful during the period as prescribed under the limitation act. But in your question, its appears that A has licensed the shop to B and A is well under knowledge that he has given his shop to B to take care of the property. in such a scenario the property cannot be claimed. It does not matter whether he has constructed thereupon. Moreover, in the absence of any contract between A and B, B cannot claim the construction amount from A.

Mr.B wants to expand the business but does not know how to be on the safer side till date there is no problem from Mr A but Mr B is trying to invest more for the better business results while trying to do that he is fully aware of the fact that things can go bad if business improves whats the best there is a partnership deed also between the two and also a lease agreement what is the best for mr B.

KINDLY NOTE THAT OWNER CAN EVICT THE TENENT BY FILING EVICTION SUIT.ALL OWNERSHIP DOCUMENTS ARE IN THE NAME OF OWNER AND KINDLY NOTE THAT ANY MATERIAL OR MAJOR ALTERATION IN THE SUIT PREMICES IS THE GROUND FOR EVICTION OF THE TENENT.

IN CASE TENENT INSISTS FOR ANY AGREEMENT FROM THE OWNER HE WILL FILE A SUIT FOR EVICTION IN THE COURT AND GET THE TENENT EVICTED.PLEASE NOTE .

UNLESS THE OWNER IS INSISTING FOR ANY AGREEMENT MAY BE LEASE OR ANY OTHER ,THE TENENT SHOULD NOT INSIST FOR THE SAME IN HIS OWN INTEREST OR ELSE HE WILL BE EVICTED.IT IS A FACT THAT TENENT IS NOT HAVING ANY WRITEN AGREEMENT WITH HIM.PLEASE NOTE.

THANKS.

its an permissive possession owner has every right to evict the tenent when he want to