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Baini Prasad (D) Thr. LRs. vs. Durga Devi (Civil Appeal No. 6182-6183 of 2009)

Civil Appeal · 2023 INSC 95Decided 2 Feb 2023
Civil Appeal No. 6182-6183 of 2009
B.R. Gavai · C.T. Ravikumar · Ajay Rastogi

Background

Durga Devi sued Baini Prasad in 1988 for possession of a small piece of land (11 Biswancies) in Kullu, Himachal Pradesh, after he built a house with a verandah encroaching on her land, and sought demolition of the encroaching structure. The trial court ruled in her favour and ordered demolition and handover of possession. On first appeal, while her ownership and his encroachment were upheld, the appellate court modified the relief, instead of demolition, it awarded her only monetary compensation (Rs. 5,500 plus 12% interest), reasoning she had "acquiesced" by not objecting sooner. The High Court, in second appeal, reversed this modification and restored the trial court's original order for demolition and handover of possession, prompting Baini Prasad's heirs to appeal to the Supreme Court.

Decision Breakdown

The Supreme Court held that the concurrent findings of three courts on ownership and encroachment could not be disturbed under Article 136 in the absence of any legal error. It rejected the appellant's claim of protection under Section 51 of the Transfer of Property Act (which protects a bona fide purchaser under a defective title who makes improvements), because he had never held any colour of title to the land at all. He was a plain encroacher, not a "transferee" as that provision requires. On the plea of estoppel/acquiescence, the Court found the evidence showed Durga Devi had promptly objected to the construction (a telegraphic notice in 1987, a complaint to the Deputy Commissioner, and a suit filed well within the limitation period), so there was no silent acquiescence that could estop her from seeking recovery of her land. The Court held that allowing an encroacher to keep the land merely by paying compensation would effectively let a trespasser buy another person's property against their will, and dismissed the appeal, restoring the demolition and possession order.

Lesson Learnt

A person who builds on someone else's land without any legal title cannot claim the protections meant for bona fide purchasers under a defective title, and merely taking "some reasonable time" to sue (while still acting within the limitation period, and after actually objecting) does not amount to acquiescence that bars an owner from recovering encroached land.

Official source (sci.gov.in)View Judgment (PDF)

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