22 April 2020

Plea of adverse possession without admitting ownership of real owner is not tenable

In law there is presumption in favour of the continuity of the tenancy and against the possession of the tenant becoming adverse. Furthermore, the doctrine of tenant estoppel, which continues to operate even after the termination of the tenancy, debars a tenant who had been let into possession by a landlord, from disputing the latter's title or pleading adverse possession, without first openly and actually surrendering possession of the tenanted premises and restoring them to the landlord. [Para No.37]
   The question of adverse possession without admitting the title of the real owner is not tenable.[Para No.41]

Supreme Court of India

Nand Ram
Jagdish Prasad

Decided on 19/03/2020

Adv. Jainodin's Legal Blog