Caretaker/Servant Acquires no Interest In Property Irrespective of Possession duration: SC

Himalaya Vintrade Pvt. Ltd. Vs Md. Zahid & Anr. (Supreme Court of India)

In our considered view, the Trail Court has committed a manifest error in appreciating the pleadings on record from the plaint filed at the instance of respondent no.1-plaintiff who as a caretaker/servant can never acquire interest in the property irrespective of his long possession and the caretaker/servant has to give possession forthwith on demand and so far as the plea of adverse possession is concerned as it lacks material particulars and the plaint does not discloses the cause of action for institution of the suit.

FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER

Leave granted.

The appellant-defendant has approached to this Court assailing the order passed by Ld.Trial Judge and confirmed by the High Court on the application filed at his instance under Order VII Rule 11, Civil Procedure Code, 1908.

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