Long possession of land doesn't create right for caretaker: SC

Posted By: Pti
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Supreme Court
New Delhi, Apr 29: The Supreme Court has ruled that long term possession of land by caretakers or agents does not give them the right of ownership of the property.

"Watchman, caretaker or a servant employed to look after the property can never acquire interest in the property irrespective of his long possession. The watchman, caretaker or a servant is under an obligation to hand over the possession forthwith on demand," a bench of Justices Dalveer Bhandari and Dipak Misra said.

The bench dismissed the plea of a watchman claiming ownership of a plot on the basis that his family was taking care of property for two generations. "The watchman, caretaker or agent hold the property of the principal only on behalf the principal.

He acquires no right or interest whatsoever in such property irrespective of his long stay or possession," the bench said. The apex court also imposed a cost of Rs 25,000 on the watchman for litigating over the ownership of the land which belonged to his master and who dedicated the suit land for construction of a dharamshala.

"The principles of justice, equity and good conscience, courts are not justified in protecting the possession of a watchman, caretaker or servant who was only allowed to live into the premises to look after the same," the bench said.

"In the instant case, we would have ordinarily imposed heavy costs and would have ordered restitution but looking to the fact that the appellant is a watchman and may not be able to bear the financial burden, we dismiss these appeals with very nominal costs of Rs 25,000 to be paid within a period of two months and direct the appellant to vacate the premises within two months," the bench said.


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