Supreme Court Upholds Eviction and Mesne Profits in Land Dispute Case

07 May 2024 8:19 AM

By: Admin

In a recent Judgement , the Supreme Court of India has upheld the eviction and mesne profits awarded to the plaintiff in a long-standing land dispute case. The bench, comprising Justices Pankaj Mithal and Dipankar Datta, dismissed the appeal filed by the defendant, Ghanshyam, thereby affirming the judgments of the lower courts.

The dispute revolved around the ownership of a property located in H-768, J.J. Colony, Shakarpur, Delhi. The plaintiff, Yogendra Rathi, had claimed ownership based on an agreement to sell, power of attorney, possession memo, receipt of payment of sale consideration, and a will. According to Yogendra Rathi, he had allowed Ghanshyam to occupy a portion of the property as a licensee for a fixed period. However, Ghanshyam failed to vacate the premises after the license period ended, leading to the initiation of legal proceedings.

The defendant, Ghanshyam, contested the suit on the grounds that the documents presented by Yogendra Rathi were fraudulent and manipulated. However, the trial court, as well as the lower appellate court, had ruled in favor of Yogendra Rathi, holding that there was no evidence of fraud or manipulation.

The Supreme Court examined the documents presented by Yogendra Rathi and concluded that the agreement to sell, payment of sale consideration, and possession memo established the plaintiff's possessory rights over the property. The court further stated that Ghanshyam, who had executed a power of attorney and a will, did not confer any rights upon Yogendra Rathi, as these documents were not considered as transfer or title documents.

The bench also emphasized that the practice of recognizing agreements to sell, powers of attorney, and wills as conferring rights in immovable property violated the statutory law, which required the execution and registration of a transfer document for conferring right and title in property.

Ultimately, the Supreme Court upheld the decree of eviction and awarded mesne profits to Yogendra Rathi. The court declared that Ghanshyam, having lost possession and occupying the property merely as a licensee, had no right to continue occupying it.

Date of Decision: June 2, 2023

GHANSHYAM VS YOGENDRA RATHI