I am in possession of a Shop since 37 years which was allotted on lease to my business partner approx 50 years ago by some government body for 99 years ( only vacant land ).My business partner constructed the shop and after 15 years left business and moved away to some other city giving me power of attorney after taking payment for the constructed building and assets.The shop land is still on his name in record and government body is trying to get it vacated from me because I am not authorised person in their records.
My question is that what are my legal rights over this Shop.Can they cancel the lease and throw me out
. please help and guide
The Supreme Court of India recently has held that a person who has acquired right over a property as it was in his possession for 12 years can file a suit to reclaim it in case of forced dispossession by the original owner or any other party.
The "doctrine of adverse possession" was used by the SC, under which a person who is not the original owner becomes the owner because of the fact that he has been in possession of the property for a minimum of 12-years, within which the real owner did not seek legal recourse to oust him.
According to the bench, a person, who is not a titleholder (original owner) but gets right over the property under the doctrine of adverse possession, is empowered to file lawsuits to reclaim possession in case he is dispossessed by others.
The case was SHRI UTTAM CHAND (D) THROUGH LRS. VERSUS NATHU RAM (D) THROUGH LRS. & ORS.
Regards,
Anaita Vas
