Gratuitously holding premises! You can’t seek any legal right on the property.

 A Supreme Court bench comprising of Justice Pinaki Chandra Ghose and Justice Uday Umesh Lalit in Behram Tejani vs. Azeem Jagani, restored a city civil court order which has rejected the prayer for interim injunction restraining the defendants from dis-possessing plaintiff from the suit premises without following the due process of law.

This judgment set aside the order, passed by the High Court in the case of Maria Margarida Sequeira Fernandes and others v. Erasmo Jack De Sequeira (dead), holding that;

  • No one acquires title to the property, if allowed to stay in the premises gratuitously, even by long possession of years or decades.
  • Caretaker watchman servant can never acquire interest in the property irrespective of long possession. He/ she have to give possession forthwith on demand. As the caretaker, watchman or servant hold the possession of the principal’s property on behalf of the principal.
  • The court grants protection only to person having a valid subsisting rent agreement, lease agreement or license agreement in his favor.

 

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