Can't Claim This

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Our country is full of unpleasant tales about long-serving caretakers and servants making a claim to properties in part or full and sometimes, even getting away with it. Once in a while, even a high court or two agree and grant caretakers relief and rights. 

Thanks to the Supreme Court, this ridiculous claiming thingy has now been settled once and for all. 

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Last week, the Supreme Court quashed the order of a trial court and high court, which had refused to allow the plea of an owner, who had asked the courts not to proceed on a suit filed by a caretaker, seeking that he should not be vacated from the property, where he had served for a long time. 

Further to that, the apex court ruled that a caretaker/servant can never acquire interest in any property, irrespective of his long service/stay/possession and such a caretaker must vacate the premises on the owner’s demand. 

The Backstory

The property in question had recently changed hands via sale and the new owner wanted the old caretaker to pack his bags and leave the premises for good. The caretaker (who obviously had a lawyer friend) threw the lawbook at the owner and the case went up to the high court, without any relief to the owner.  

Turns out, the new property owner was chai buddies with even bigger lawyers, who reached the supreme court and this landmark decision ensued. 

The Specifics

The caretaker had filed a suit seeking a declaration that he is the lawful occupier as caretaker/ servant of the sole owner of the property. 

He had also sought permanent injunction to restrain the owner from disturbing or evicting him from the property. 

In response, Justice Ajay Rastogi quoted, “In our considered view, the order of the trial judge, which has been confirmed by the high court impugned in the instant proceeding, is not sustainable on the first principles of law." 

"Consequently, the appeal succeeds and is allowed. The order of the high court is, hereby, quashed and set aside,” he added and directed the caretaker to hand over possession of the property within three months, putting an end to a double-XL day dream.