Legal Question in Landlord & Tenant Law in India

I have a plot of land. On request of one of my relative, I allow him to use the land till I construct a building of my own. I told him that the land was to be vacated the day I start constructing my own residence. He constructed a temporary katcha house and started living since 1994. He was paying me a nominal rent for the land once in three month. No receipt was given for the rent. All these were on mutual understanding and on good faith. Now when I asked him to vacate the land for I was planning to construct a concrete building for my residence, he start claiming the land of his own saying that by virtue of adverse possession for the last sixteen years, the land now belongs to him. When I told him that the land is mine and you were paying me rent, he denies paying any rent to me saying why should I pay you rent when the land belongs to him.

Now I am in a fix what to do. Should I take the legal recourse? What is adverse possession and what is the minimum/maximum period of holding the land to claim for adverse possession?


Asked on 10/07/10, 12:41 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

first, law of adverse possession is merely a defence and not a right. secondly in this case there cannot be application of law of adverse possession in as much as you had been receiving rent howsoever nominal it may have been. Even if he claims to be having no rent, even then adverse possession has to be to the knowledge of the owner. here in this case your knowledge of his possession was permissive as a tenant (with nominal rent). Sir, you have a strong case, give him notice through an advocate to vacate and if he does not do so, file a case for eviction.

Read more
Answered on 10/08/10, 11:18 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in India