LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Right of a tenant in trust property

Querist : Anonymous (Querist) 04 June 2011 This query is : Resolved 
Learned Counsels,

House was owned by a trust and it was let out to a worker of the trust in exchange of his services to the trust. The worker lived in that house for more than 30 years by being employed in the trust without paying any amount as rent for the accomodation.

In all these 30 years the trust didnot maintain the house which forced the worker to make improvements and renovations on his own. Is there any right accrued for this worker towards the ownership or title on the house property.

What law is applicable in such cases.

Please clarify.
prabhakar singh (Expert) 04 June 2011
The worker should not claim as tenant as there was no letting ,no rent payment agreed.The worker should claim a permanent licence from the trust in his favor over a vacant land with right to construct a house on his own if the house is within campus of the trust.
And if the house is on a land where no other land or construction of trust exists
then he should claim as an hostile adverse title owner on land by construction of the house on his own well with in knowledge of the trust by continuous possession for over more than 30 years and that his hostile possession has now become a perfect title BUT this case should be taken only when there is no documentary proof that he was employee of the trust and also when the house in question is not with in any campus of the trust.
M.Sheik Mohammed Ali (Expert) 04 June 2011
yes, i do agree expert query reply
B.B.R.Goud. (Expert) 04 June 2011
hi. i do agree with learned counsel friend Mr Prabhakar singh
DEFENSE ADVOCATE.-firmaction@g (Expert) 05 June 2011
This will be a typical case of zero rent tenancy.Once the possession is from long time even adverse possession in not claimed it will be protected tenancy.
piyush sharma (Expert) 10 June 2011
I do agree with the first paragraph of Mr. Prabhakar Singh but I am also agree that adverse possession will not be applicable on employees but even if he is not am employee he can not take the owner ship on adverse possession as it is application to whole of the world execpt the original owner and here there is not a dispute on ownership on the trust therefore that relief can not be granted by the court against trust.
However he can recover the money send by the him for doing improvements.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :