Kaushik Nandy (manager) 08 May 2013

Lanlord ship

I have purchase one house in 2010 with five tenants( all of them are there since 1965 ) in kolkata location , I am being paid monthly rent by five tenants as per english caleder months and I am issuing rent receipt to them since 2010 July , but I have never taken their signture on the counter part of the rent receipt , Recently I have been in a legal litigation with one of my tenants and he is denying the fact that I am landlord of that house as he has never paid rent to me and as he is staying since 1965 i.e. >12 years so he has got the ownership of that particular dwelling unit of particular building.

Now how can i defend him.

Reply Follow

12 Replies

Dibakar Ray (Advocate.) 10 May 2013

Dear Kaushik Nandy,

The tenat can not question the ownership of the owner in premises tenancy suit under West Bengal Premises Tenancy Act, 1997. Even if the tenant calimed that you are not the owner of the property, the same will be rejected.

As regard to the ownership by adverse possession, note that Where possession can be referred to a lawful title, it will not be considered to be adverse. The reason being that a person whose possession can be referred to a lawful title will not be permitted to show that his possession was hostile to anothers title. One who holds possession on behalf of another, does not by mere denial of that others title make his possession adverse so as to give himself the benefit of the statute of limitation. Therefore, a person who enters into possession having a lawful title, cannot divest another of that title by pretending that he had no title at all.

Therefore the same is also liable to be rejected.

Only one small query- How came the tenant can claim that you are not the rigjhtful owner of the property and calim adverse possession at the same proceeding.

Regards,