Legal Question in Real Estate Law in India
Civil Writ Petition for possession of hall
We had rented out a central hall to two licensee say Mr. �A� & Mr. �B� areas admeasuring 11*18 sq ft each. The total area of my central hall is 22 * 18 sq ft. there was a cloth, which was portioning the hall.
Mr. �B� vacated the premises through vacation agreement & Mr. �A� by breaking open the lock then occupied the entire hall
We pursued the matter in Small Causes Court where in three different orders were passed as the matter progressed & they are as follows:
!) First Order for possession of entire central hall.
2) Second for part premises of 11 *18 of Mr. �A�. Since the vacation agreement was presented on court record but not exhibited the same was not considered.
3) Appellate Bench passed third Order, that the matter was not understood & appeal was dismissed after twenty years of initiation of the matter.
We filed a Civil Writ Petition in the High Court pleading under the constitutional law for delay on part of small court. The matter was admitted by High Court & the status of Mr. A is argued as ''License Terminate Over'' . My query is
�On what ground the matter can be argued for entire central hall in India under rent act or ''Civil Code'', whether law on adverse possession is applicable. Please advice & help
2 Answers from Attorneys
Re: Civil Writ Petition for possession of hall
The law of adverse possession may not apply in the given situation. However, since the matter has gone to courts in different forums, it may not be appropriate to record any effective opinion without perusing the entire records.
Re: Civil Writ Petition for possession of hall
In the aforesaid facts, concept of adverse possession is not applicable.
Case appears to a case of licensee claiming tenancy over entire premises after expiry of term of license. Such situation is very much contemplated under the Rent Act.
Since at present you had filed a Writ for expediting matter before the Small Causes court, your trial would be delayed till disposal of the Writ Petition.
Now-a-days, if a trial is pursued properly, decision can be expected in a year or the two. Avoid approaching High Court, as same would further delay the matter.
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