In a recent landmark decision, the Supreme Court established that tenants cannot assert adverse possession rights against their landlords, citing the inherently permissive nature of their occupancy.
A bench led by Justices Vikram Nath and Rajesh Bindal adjudicated an appeal challenging the Allahabad High Court’s dismissal of a suit for ownership/possession on the grounds of being time-barred.
The plaintiff, asserting title through a registered sale deed from 1966, filed the suit in 1975 after facing obstruction from the defendants during construction. Despite the trial court and first appellate court favoring the plaintiff, the High Court deemed the suit time-barred, as the defendants purportedly perfected their adverse possession claim in 1944.
The Supreme Court, deeming this conclusion erroneous, emphasized that the defendant respondents were tenants, establishing their possession as permissive against the landlords of that time. The Court clarified that there was no basis for the defendants to claim adverse possession from as early as 1944.
“In our considered view,” stated the Court, “the plaintiff appellants obtained ownership/title under the registered sale deed on 21.01.1966. The dispute for possession against the defendant respondents would only arise after this date, and not before it.”
The Court continued, “Even if it is assumed that the defendant respondents were in possession before 1944, their possession could not be deemed adverse, as they were tenants, and their tenancy was permissible, not adverse. There were no possession proceedings before 1966.”
Ultimately, the Supreme Court allowed the plaintiff’s appeal, upholding the First Appellate Court’s judgment that the 12-year period for perfecting rights based on adverse possession commenced in 1966. The suit, filed in 1975, was deemed well within the permissible timeframe.
