The central issue revolves around the tenant’s claim of adverse possession versus the landlord’s claim of inheritance and overdue rent. The initial Trial Court and First Appellate Court sided with the landlord, confirming the landlord-tenant relationship and the tenant’s failure to prove adverse possession. However, the High Court of Orissa overturned these decisions, prompting the current appeal to the Supreme Court. The Supreme Court ultimately reverses the High Court’s judgment, affirming the original lower court decisions and directing the tenant to vacate the premises and clear all dues.
Transfer of Property Act, 1882, Section 106 – Civil Procedure Code, 1908, Section 100 – Tenancy – Notice to quit – Termination of tenancy – Suit for eviction and recovery of arrears of rent and damages – Second appeal – Concurrent findings – Question of facts – Both the Courts below held the relationship of landlord and tenant to be proved between the parties – Held that this is a finding of fact which could not be disturbed by the Court in the Second Appeal, as it was not open for the Court to examine the evidence assuming First Appeal jurisdiction, unless the findings returned were perverse – In the present facts, the findings of perversity are in themselves perverse as the defendant has been unable to prove his ownership of the subject matter property by way of adverse possession, establishing open, continuous and hostile possession; and two, that the plaintiff’s ownership that he claims to have devolved upon him by virtue of being the adopted son of Smt. ‘A’ (original owner) has nowhere been challenged and, as such, has attained finality – First substantial question of law held to be unjustified as it is entirely a question of fact and, therefore, not open to adjudication – On the second aspect too, interference by the High Court in the circumstances was unwarranted – Judgment of the High Court liable to be set aside – The tenant directed to handover vacant and peaceful possession of the subject premises within a period of three months from the date of this judgment – The tenant further directed to clear all arrears, be it rent, utilities or otherwise, within the same timeframe.
(Para 10 to 12)
Rabindranath Panigrahi V. Surendra Sahu
Supreme Court: 2025 INSC 333: (DoJ 06-03-2025)
