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Supreme Court of India 2021-09-16 allowed

HIMALAYA VINTRADE PVT. LTD vs MD. ZAHID & ANR

Bench: 2 — Ajay Rastogi, Abhay S Oka

In Brief

A property caretaker filed a suit claiming legal right to occupy land as both a servant and through adverse possession. The trial court dismissed the defendant's application to reject the plaint, leaving it for trial. The Supreme Court held this was an error: a caretaker can never acquire property rights regardless of possession duration, and must return the property on demand. The plaint's contradictory claims (caretaker status plus adverse possession) lacked material particulars and showed no valid cause of action. The appeal was allowed, the plaint rejected, and the plaintiff ordered to vacate within three months.

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Civil Procedure Property Law Adverse Possession Caretaker Rights Plaint Dismissal

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