Section 32 Arbitration Act | Termination for Non-Payment of Fees Ends Arbitrator’s Mandate; Remedy Lies in Section 14(2): Supreme Court False Allegations of Dowry and Bigamy Amount to Mental Cruelty: Madras High Court Upholds Divorce Plaintiff Must Prove Her Own Title Before Seeking Demolition Of Defendant’s Pre-existing House: Andhra Pradesh High Court Mismatch Between Bullet and Recovered Gun Fatal to Prosecution: Calcutta High Court Acquits Man Convicted for Murder Where the Conduct of the Sole Eye-Witness Appears Unnatural and No Independent Witness Is Examined, Conviction Cannot Stand: Allahabad High Court Fraudulent Sale of Vehicle During Hire Purchase Renders Agreement Void: Gauhati High Court Upholds Decree for Refund of ₹4.90 Lakhs Unsigned Written Statement Can’t Silence a Defendant: Hyper-Technical Objections Must Yield to Substantive Justice: Delhi High Court Default Bail | No Accused, No Extension: Delhi High Court Rules Custody Extension Without Notice as Gross Illegality Under Article 21 Gratuity Can Be Withheld Post-Retirement for Proven Negligence Under Service Rules – Payment of Gratuity Act Does Not Override CDA Rules: Calcutta High Court Cognizance Is of the Offence, Not the Offender: Madras High Court Rejects Challenge to ED’s Supplementary Complaint in PMLA Case Acquittal in Rajasthan No Bar to Trial in Madhya Pradesh: MP High Court Rejects Double Jeopardy Plea in Antiquities Theft Case 20% Deposit Isn’t Automatic in Cheque Bounce Appeals: Right to Appeal Can’t Be Priced Out: Punjab & Haryana High Court Checks Mechanical Use of Section 148 NI Act A Child Is Not a Non-Earner: Punjab & Haryana High Court Sets New Benchmark in Compensation for Minors’ Deaths 90 Days Is Not Sacrosanct – Courts Can Permit Reply to Counter-Claim Even Beyond Prescribed Time in Interest of Justice: Punjab & Haryana High Court Magistrate Can Proceed Only for Offences Committed in India Until Sanction Is Obtained for Acts Outside India: Orissa High Court on International Financial Fraud Award Is Vitiated by Non-Consideration of Material Evidence: Orissa High Court Sets Aside Industrial Tribunal’s Wage Award in IMFA Case POCSO | Absence of Child's Name in Birth Certificate Not Fatal: Kerala High Court No One Has the Right to Impute Illicit Motives to Judges in the Name of Free Speech: Karnataka High Court Jails Man for Criminal Contempt DV Complaint Cannot Be Quashed at Threshold Under Article 227: Madras High Court Refuses to Interfere, Directs Accused to Seek Remedy Before Magistrate Recovery Wasn't From Accused's Exclusive Knowledge — Cylinder Already Marked in Site Plan Before Arrest: Allahabad High Court Acquits Man in Murder Case State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act "Allegations Are Not Proof: Madras High Court Refuses Divorce Without Substantiated Cruelty or Desertion" When FIR Is Filed After Consulting Political Leaders, the Possibility of Coloured Version Cannot Be Ruled Out: Kerala High Court Mere Allegations of Antecedents Without Conviction Can't Defeat Right to Anticipatory Bail: Kerala High Court Section 106 Of Evidence Act Cannot Be Invoked In Vacuum – Prosecution Must First Lay Foundational Facts: Karnataka High Court Acquits Wife And Co-Accused In Husband’s Murder Case Parity Cannot Be Claimed When Roles Are Different: Karnataka High Court Refuses Bail to Youth Accused of Brutal Killing Injured Wife Would Not Falsely Implicate Her Husband: Gauhati High Court Upholds Conviction in Domestic Stabbing Case Disputed Bids, Missing Evidence and No Prejudice: Delhi High Court Refuses to Intervene in Tender Challenge under Article 226 Setting Fire to House Where Only Minors Were Present is a Heinous Offence – No Quashing Merely Because Parties Settled: Calcutta High Court No Exclusive Possession Means Licence, Not Lease: Calcutta High Court Rules City Civil Court Has Jurisdiction to Evict Licensees Defendant's Own Family Attested the Sale Agreement – Yet She Called It Nominal: Andhra Pradesh High Court Upholds Specific Performance Renewal Not Automatic, No Evidence Of Notice Or Mutual Agreement: AP High Court Dismisses Indian Oil’s Appeal Against Eviction

Supreme Court Stands with Landowners: Trespassers Can't Purchase Property Against Owner's Will

07 May 2024 8:19 AM

By: Admin


Supreme Court in a recent Judgement (Baini Prasad (D) Thr. LRs. Vs. Durga Devi D.D 02 Feb 2023) held that if a plaintiff establishes their title to land and files a suit for recovery of possession within the period of limitation, the doctrine of laches or acquiescence has no place in defeating their right to obtain relief. The court held that denying relief in such cases would be tantamount to allowing a trespasser or encroacher to purchase another person's property against their will.

The respondent (plaintiff) filed a civil suit seeking possession of a land parcel and a permanent injunction against the defendant (appellant). The trial court ruled in favor of the plaintiff, ordering the demolition of structures built on the land and handing over the land to the plaintiff.

The defendant appealed, and the First Appellate Court confirmed the findings on ownership and encroachment but modified the judgment, awarding the plaintiff compensation instead of ordering the recovery of possession and demolition due to the principles of acquiescence.

The plaintiff then filed a Second Appeal, and the High Court restored the trial court's original judgment for demolition and handing over possession of the land. The defendant's review petition was dismissed by the High Court.

The defendant filed two appeals by special leave: one against the Second Appeal judgment and the other against the dismissal of their review petition.

The Supreme Court observed that there are concurrent findings from the Trial Court, First Appellate Court, and the High Court on the questions of ownership and encroachment of the disputed land. They found no reason to revisit these factual findings based on the established judicial principle that concurrent findings of fact do not call for interference in an appeal under Article 136 of the Constitution of India in the absence of any valid ground for interference.

The respondent filed RSA No. 276 of 1996 against the setting aside of the trial Court's judgment for demolition and handing over possession of the land. The original appellant had not filed an independent appeal or cross-appeal against the First Appellate Court's judgment confirming findings on ownership and encroachment and ordering payment of compensation.

The scope of consideration in these appeals is confined to the question of whether the reversal by the High Court of the modification effected by the First Appellate Court warrants interference in the exercise of power under Article 136 of the Constitution of India.

The Supreme Court noted that Section 51 of the Transfer of Property Act (TP Act) offers two options for a person evicting another: either pay for the improvements made by the defendant (transferee) and take the land or sell their interests in the land to the transferee at market value. However, to use Section 51, one must be a 'transferee' as defined in the TP Act.

The Supreme Court ruled that the original appellant wasn't a 'transferee' under the TP Act or Section 51. Thus, the appellants couldn't rely on Section 51 to seek restoration concerning demolition and possession. The appellants didn't claim adverse possession and weren't eligible for relief under Section 51 of the TP Act. The Supreme Court considered whether the appellant (defendant) had pleaded and proved their plea of estoppel. Despite the non-framing of the issue of estoppel, the court was inclined to consider contentions founded on the principle of estoppel. The court referred to various decisions to clarify the concept of estoppel and its conditions.

The court pointed out that estoppel is an equitable doctrine that applies when a party with a right stand by and sees another dealing in a manner inconsistent with that right, and does not complain after the violation is completed. However, acquiescence will not apply if the lapse of time is of no importance or consequence.

The Supreme Court noted that equity would follow the law and tilt in favor of the law. To claim equity, the party must explain their previous conduct.

The Supreme Court observed that the appellant's contention regarding acquiescence was incoherent, as the respondent had objected to the construction on the disputed land. The court noted that the respondent sent a telegraphic notice to stop construction, made a complaint before the Deputy Commissioner, and filed a suit within the prescribed period of limitation.

The court stated that the burden was on the appellant to establish the respondent's acquiescence, and they failed to do so.

The court found that the appellant encroached on the respondent's land without bona fide intentions and constructed an extension of their residential building. The court held that recognizing the illegality and granting allowance based on estoppel would defeat its object of preventing fraud and securing justice between parties.

The Supreme Court observed that if a plaintiff establishes their title to land and files a suit for recovery of possession within the period of limitation, the doctrine of laches or acquiescence has no place in defeating their right to obtain relief. The court held that denying relief in such cases would be tantamount to allowing a trespasser or encroacher to purchase another person's property against their will.

The court found no flaw, legal error, perversity, or patent illegality in the High Court's findings favoring the respondent. The High Court set aside the First Appellate Court's judgment and restored the Trial Court's judgment and decree. Consequently, the appeals by the appellants failed, and the Supreme Court dismissed them.

Baini Prasad (D) Thr. LRs. Vs. Durga Devi

Latest Legal News