Case Law Details
Case Name : Maria margarida sequeria fernandes and others Vs Erasmo jack de sequeria(dead) through l.rs. (Supreme Court of India)
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Courts :
Supreme Court of India
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SC held that No one acquires title to the property if he or she was allowed to stay in the premises gratuitously. Even by long possession of years or decades such person would not acquire any right or interest in the said property. it further held that Caretaker, watchman or servant can never acquire interest in the property irrespective of his long possession. The caretaker or servant has to give (up) possession (of the property) forthwith on demand. Apex Court also laid fresh guidelines that caretakers, watchman or servants do not acquire any title to a
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This judgement is an eye opener for many many house owners who are forcibly made to undergo long and arduous judicial processes for possession of their rightful properties.
Specially financially and psychologically weak widows and children are deprived of their rightful properties at the hands of greedy relatives.
Hats off to the supreme court. I just produced this judgement in a case in Belgaum where an attender in the City Civil Court had evicted his widowed Sis-In-Law 9 years back along with her One year old daughter from their self acquired house. Now this judgement gives hope for a new India.
An excellent judgment and the apex court rightly recognized the realities of delays and consequential difficulties. Kudos to the apex court. I feel this kind of suit can be handled by the trial courts summarily. In fact such plaints should be rejected at admission/numbering stage; it is a pity that trial courts play hell with litigants. Another initiative the court is required to take steps in regard to execution of warrants by the Police. Court should come forward to impose costs on a day to basis for delay in avoiding execution by dilatory tactics. CONSUMER FORUMS ARE HELPLESS SPECTATORS WHEN THE POLICE WILLFULLY DO NOT ARREST PEOPLE DESPITE WARRANTS; OF COURSE CIVIL COURTS ALSO FACING SIMILAR DIFFICULTIES. It will be in the larger interests of justice, if the apex court amends procedure laws where police are made accountable.