Jasdev Singh vs Ram Kishan on 30 March, 2015
No evidence in this regard has been led before
the trial court showing any specific notice to
late Sh. Nihal Singh or the plaintiff who file
the suit that the appellanttenant is no longer
the tenant and the original landlord is no
longer the owner because the appellanttenant
has set up a title in itself and which is
adverse to the original
owner/landlord/plaintiff. The documents
which have been relied upon on behalf of the
appellant are only with respect to returns
filed before the Urban Land Ceiling
Department in 1976 as also applying to DDA
in 1977 for sanctioning of Group Housing
Flats and not a specific notice to the owner.
Firstly, these documents cannot help the
appellant because the suit itself was filed on
12.2.1980 ie not 12 years after these
documents. Secondly, these documents, in my
opinion, cannot lead to commencement of
adverse possession as against the original
owner/landlord/Nihal Singh/ plaintiff
inasmuch as, the tenancy title comes to an
end only on making of a specific assertion
being made to the landlord that the tenancy
had come to an end and the tenant in fact
claims title to the property of an owner and
which is adverse to the owner. Also, non -
payment of a rent for a longer period of time
will not convert possession of tenant to the
possession of an owner because it is settled
law that long possession is not adverse
possession. For commencement of adverse
Suit No. 29/2019 Page 45 of 65
Jasdev Singh V. Bal Kishan & Ors.