Gratuitous Occupancy Doesn't Grant Property Rights: J&K HC

(MENAFN- Kashmir Observer) Srinagar- If a person has been allowed to stay in the premises gratuitously, he does not acquire any title over the property, the High Court of J&K and Ladakh has said.

“The Courts would not be justified in protecting the possession of any person who was allowed to occupy the premises for some time gratuitously,” said a bench of Justice Sanjay Dhar.

The court made the observations while dismissing an appeal filed by one M/S M. R. Industries against an order by Additional District Judge, Srinagar by virtue of which the government rejected suit seeking directions to restrain it from interfering with the use and occupation of a plot of land at Industrial Estate Zainakote, Srinagar.

“The protection can only be granted or extended to a person who has a valid subsisting rent agreement, lease agreement or license agreement in his favour,” the court said, adding,“Therefore, a person holding a premises gratuitously and whose initial entry in the premises is questionable, would not acquire any right or interest in the property and even long possession in that capacity would be of no legal consequence.”

“In the instant case, as per plaintiff's (M/S M. R. Industries) own case he was allowed to occupy the additional plot of land in question by the defendants without any formal allotment,” the court said, adding,“The plot of land admittedly belongs to a third person who is a migrant. Therefore, there is no legal right or interest created in favour of the plaintiff in this case, so as to entitle him to remain in possession of the suit land. Thus, there is no prima facie case in favour of the appellant/plaintiff. For this reason alone, the appellant/plaintiff is not entitled to grant of interim injunction.”

Read Also 'Rape & Murder Charges': HC Acquits Budgam Resident After 22 years Irrelevant Grounds Sufficient To Vitiate Detention Orders: HC

Follow this link to join our WhatsApp group : Join Now

Be Part of Quality Journalism

Quality journalism takes a lot of time, money and hard work to produce and despite all the hardships we still do it. Our reporters and editors are working overtime in Kashmir and beyond to cover what you care about, break big stories, and expose injustices that can change lives. Today more people are reading Kashmir Observer than ever, but only a handful are paying while advertising revenues are falling fast.

ACT NOW

MONTHLY	Rs 100

YEARLY	Rs 1000

LIFETIME	Rs 10000

CLICK FOR DETAILS

MENAFN28122024000215011059ID1109038101

Legal Disclaimer:
MENAFN provides the information “as is” without warranty of any kind. We do not accept any responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you have any complaints or copyright issues related to this article, kindly contact the provider above.