adverse possession
BAKBABU
(Querist) 05 December 2013
This query is : Resolved
Plf. ( tenant ) have been possession in land since 50 years. Tenant filed ATC before SPL officer ( JCJC ) and succeed. Later respondent filled ATA before appellate court and succeeded basing on the ground of land cealing act proceedings pending. Later land cealing proceedings closed. ATA DECREED IN 1999. BUT APPELLANT NOT FILED ANY EVICTION OR EXECUTION FOR DISPOSSESS OF TENANT. STILL TENANT CONTINUED. NOW THE PROBLEM IS ORIGINAL APPELLANT SOLD AWAY THE PROPERTY TO THIRD PARTY BUT NOT HAN DOVER THE POSSESSION. IN 2008 buyer GIFTED AWAY THE SAID PROPERTY TO HIS THREE SONS. BUT NOT DELIVERED THE POSSESSION. NOW TENANT CHOOSE TO PERMANENT REMEDY.
1. CAN I FILE ATC AGAIN. OR
2. CAN I FILE SUIT FOR ADVERSE POSSESSION WITH INJUNCTION PET.
PLEASE ADVICE......
WHAT IS BEST IN THIS REGARD...
ajay sethi
(Expert) 07 December 2013
continue to remian in posession . dont take any legal proceedings for adverse posession / injunction . let the owner take legal proceedings
R.K Nanda
(Expert) 07 December 2013
no more to add.
BAKBABU
(Querist) 07 December 2013
Thanks for your valuable reply...
BAKBABU
(Querist) 07 December 2013
Thanks for your valuable reply...but some text missing in my enquire...I.e.owner is trying to alalienate or trying to sell away the property, if to do so tenant have lost his right....or not.
ajay sethi
(Expert) 07 December 2013
tenant does not lose his right if landlord of property changes .
prabhakar singh
(Expert) 07 December 2013
In the circumstances tenant does not need to initiate any proceeding.
In all transfers told a symbolic possession would be deemed to have been passed from one owner to the other.
Once the entry is as tenant then one is always a tenant.A tenant can not plead adverse possession.And if pleads then he takes risk to loose his tenancy.
T. Kalaiselvan, Advocate
(Expert) 07 December 2013
Yes the adverse possession claim is not advisable for the reasons cited by Mr. Singh. The physical possession was not handed over during earlier transactions too, so let the status remain as it is.
BAKBABU
(Querist) 08 December 2013
Thank you very much for all
ajay sethi
(Expert) 08 December 2013
thanks for your appreciation
Raj Kumar Makkad
(Expert) 09 December 2013
The plea of adverse possession is never available to the tenant as his right to remain in the property is by way of his relationship as a tenant and landlord which is legal one.
The landlord is always free to exhaust the law of eviction of his property from the tenant.
