The Sword of Adverse Possession

My Lord, A plaintiff claiming title by adverse possession can maintain a suit under Article 65 of The Limitation Act, 1963 for declaration of title? Yes. Historically, adverse possession is a pretty old concept of law. It is a useful but an often-criticized concept. It is a hostile possession, clearly asserting hostile title in denial […]

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Trespassing Tenant

“The adjudication in the present case must proceed on the foundation that Shiv Dev Kaur had a life interest in the property. Creation of a tenancy was an incident of the life interest which she had. It was means of her generating rental income to sustain herself. This was authorized by the will. The submission […]

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Referred to Larger Bench XVIII: Arbitrability, The Transfer of Property Act

“It will be noticed that ‘validity’ of an Arbitration Agreement is apart from its ‘existence’. One moot question that therefore, arises, and which needs to be authoritatively decided by a Bench of Three Learned Judges, is whether the word ‘existence’ would include weeding-out Arbitration Clauses in agreements which indicate that the subject-matter is incapable of […]

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Animus Possidendi

‘De Facto’ Possessor of Object v. ‘De Jure’ Owner of Object ≈ ‘Actually’ Has v. ‘Ought’ to Have “A person who asserts possessory title over a particular property must show that he is under settled or established possession of the said property – settled possession means such possession over the property which has existed for […]

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Express, Implied Surrender, The Transfer of Property Act / The Revival of Ray XII

My Lord, When Lessor and Lessee enter Agreement for Sale/Purchase of the Tenanted Premises, Jural Relationship of Lessor and Lessee [w.r.t. Leased Property/Tenanted Premises] Ends? “Question has to be decided keeping in view Section 111 of The Transfer of Property Act, 1882 and the intention of the parties. Shah Mathuradas Maganlal, (1976) 3 SCC 660 […]

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Kuttikanam / Seigniorage

In George Leslie v. State of Kerala, AIR 1970 Ker 21 the term ‘Kuttikanam’ was explained as under: “In the Malayalam and English Dictionary by Rev. II. Gundert D. Ph. page 278, ‘Kuttikanam’ is defined as meaning ‘the price of timber; fee claimable by the owner for every tree cut down by the renter’. In ‘The […]

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Thika Tenancy III

Before Nemai Chandra Kumar, 2015 (2) SCALE 657 there was, of course, Ramdas Bansal v. Kharag Singh Baid, (2012) 2 SCC 548 pronounced by Hon’ble Justice Altamas Kabir. Entitlement to a portion, carved out of 91, Mahatma Gandhi Road and 6, Sambhu Chatterjee Street, was in question. The two addresses in Kolkata together comprised lands on […]

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Thika Tenancy II

The Battle Royale between Mr. Jaideep Gupta and Mr. Harish Salve on the subject of “Thika Tenancy Laws” now stands concluded in Mr. Gupta’s favour. Congratulations, Sir. Saw it all. In Nemai Chandra Kumar v. Mani Square Limited, 2015 (2) SCALE 657 – the Respondents, led by Mr. Salve, contended that under The Calcutta Thika […]

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The Evolution of Thika Tenancy

In Calcutta and its suburb Howrah, there have existed for many years precarious tenancies popularly known as Thika Tenancies. Under such Tenancy, vacant land was leased by the Landlord to a Tenant with liberty to erect structures thereupon of a temporary nature, which were referred to as “Kutcha Structures”. The structures would be owned by […]

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