Tenant Can't Claim Adverse Possession Against Landlord; Tenancy Is Permissive Possession : Supreme Court

The Supreme Court observed that tenants cannot claim claim adverse possession against their landlords, since their possession is permissive in nature.

A bench comprising Justices Vikram Nath and Rajesh Bindal was deciding an appeal filed by a plaintiff challenging a judgment of the Allahabad High Court which dismissed the suit for ownership/possession as time-barred.

The plaintiff claimed title through a registered sale deed executed in 1966 and claimed to have received possession pursuant to the sale deed. The suit was filed by the plaintiff in 1975 when the defendants obstructed construction.

Though the trial court decreed the suit and the first appellate court affirmed it, the High Court held that suit was time-barred, as the defendants had perfected their title by adverse possession to the predecesors-in-interest of the plaintiff in 1944.

Terming this finding to be erroneous, the Supreme Court observed :

"The defendant respondents were tenants and therefore their possession was permissive as against the then landlords. There was no question of them claiming any adverse possession from 1944."

The Court added : 

"In our considered view, the plaintiff appellants got their ownership/title under the registered sale deed on 21.01.1966. The dispute for possession vis-à-vis the defendant respondents would arise only after the said date and not on any date prior to it. Admittedly from the date of the sale deed, the suit was filed within the period of 12 years in May, 1975. Even if it is assumed that the defendant respondents were in possession from prior to 1944, their possession could not have been adverse even to the Zamindars as they were tenants and their tenancy would be permissible in nature and not adverse. There were no proceedings for possession before 1966."

The Supreme Court ultimately allowed the appeal preferred by the plaintiff - appellant by maintaining the status-quo on the judgement passed by the First Appellate Court for decreeing the suit for possession that held that the period of 12 years for perfecting rights on the basis of adverse possession would commence from 1966 and the suit having been filed in 1975 was well within time.

Case Title: BRIJ NARAYAN SHUKLA (D) THR. LRS. V. SUDESH KUMAR ALIAS SURESH KUMAR (D) THR. LRS. & ORS.

Citation : 2024 LiveLaw (SC) 17

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