A.
Dear Client,
The relationship between a tenant and landlord gets severed or seized, once the ownership of property is trasferred from owner to developer who is not obligated to provide any alternative accomodation to the tenant. In the context, be informed that the Hon’ble Supreme Court relied upon the precedence laid down in Brij Narayan Shukla (D) through LRs. Vs. Sudesh Kumar alias Suresh Kumar (D) through LRs. and Ors (2024) 2 SCC 590., in addressing whether tenants of the original owner could claim adverse possession against a transferee of the landlord, the Court ruled that tenants or lessees cannot assert adverse possession against their landlord or lessor as their possession is inherently permissive, stemming from their tenancy agreement. The Apex Court also held that if the tenant continues to remain in the rented premises even after the tenancy rights are extinguished, then the landlord would be entitled to receive compensation in the form of 'mesne profit' from the tenant.
Posted On 01-Sep-2025
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