Wednesday, 25 March 2020

Whether the tenant can claim adverse possession in the tenanted property without surrender of the tenancy?

 The Respondent continued to be in possession of the land leased vide registered lease deed dated 22nd September, 1954. The Respondent has admitted the ownership of the Appellants before the Reference Court. Such plea operates as estoppel against the Respondent in respect of the title of the Appellants. However, the claim of compensation put forward by the Respondent was declined for the reason that non-payment of rent disentitles the Respondent from compensation. In the present proceedings, the Respondent has denied his status as that of a tenant but claimed title in himself. The Respondent claimed adverse possession and claimed possession as owner against a person, who has inducted him as tenant. The Respondent was to prove his continuous, open and hostile possession to the knowledge of true owner for a continuous period of 12 years. The Respondent has not led any evidence of hostile possession to the knowledge of true owner at any time before or after the award of the reference Court nor he has surrendered possession before asserting hostile, continuous and open title to the knowledge of the true owner. The question of adverse possession without admitting the title of the real owner is not tenable.         {Para 41}


Civil Appeal No. 9918 of 2011

Decided On: 19.03.2020

 Nand Ram  Vs.   Jagdish Prasad

Hon'ble Judges/Coram:

L. Nageswara Rao and Hemant Gupta, JJ.

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