Caretaker, servant has no claim on a property, have to vacate when owner demands: Supreme Court

The Supreme Court observed that a caretaker/servant can never have a claim on the property irrespective of his long possession.

Caretaker, servant has no claim on a property, have to vacate when owner demands: Supreme Court

New Delhi: The Supreme Court recently passed the judgement that a caretaker/servant can never acquire interest in the property irrespective of his long possession and he has to vacate the premises on owner's demand. 

In this case, the plaintiff sought a declaration that he is a lawful occupier as caretaker/servant of the sole owner of the suit property. 

He also sought a permanent injunction restraining defendant to disturb or evict his peaceful possession of the suit property.

The defendant filed an application under Order VII Rule 11 of the Code of Civil Procedure seeking rejection of plaint on the ground that suit proceedings at the instance of the caretaker/servant is not maintainable as he acquired no interest in the subject property irrespective of his long possession. 

The Trial Court dismissed this application and the said order was upheld by the High Court. 

The top court set aside the order of a trial court and high court which had refused to allow the plea of an owner for not proceeding on a suit filed by a caretaker seeking the he be not vacated from the premises. 

In appeal, the bench of Justices Ajay Rastogi and Abhay S. Oka disagreed with this view and observed, "After we heard counsel for the parties and taking into consideration the material on record, in our considered view, the Trial 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."

Dr Ajay Kummar Pandey Advocate Supreme Court www.4csupremelawint.com

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