Tag Archives: Title of Landlord

Property Owner – Has the Right to Use the Property As he Chooses

In Faruk Ilahi Tamboli v. B. S. Shankarrao Kokate, 2016 (1) ARC 1, the Hon’ble Supreme Court held that it certainly cannot be the claim at the behest of a tenant, that the owner of a premises must continue in business with his parents or relations, assuming there was a joint business activity, to start with. That is usual, assuming there was a joint business activity, to start with. That is usual, and happens all the time when children come of age. And thereafter, they must have the choice to run their own life, by earning their own livelihood. The property owner has the right to use his property as he chooses, for running his business. There could be no irregularity if owner of the property chooses to use his property as he chooses, for running his business, independent of the business of other family members. In Anil Bajaj v. Vinod Ahuja, 2014 (2) ARC 265, the Hon’ble Supreme Court held that it is not for the tenant to dictate to the landlord as to how the property belonging to the landlord should be utilized by him for the purpose of his business. Even if the landlord is doing business from various other premises, it cannot foreclose his right to seek eviction from the tenanted presmises so long as he intends to use the said tenanted premises for his own business. Hari Shanker v. Om Prakash, 2018 (127) ALR 589.

Leave a comment

Filed under Right of Property Owner

Possession of Agent – Is Possession of Principal

In Smt. Chandrakantaben v. Vadilal Bapalal Modi,  (1989) 2 SCC 630, the Hon’ble Supreme Court has held that the possession of the agent is the possession of the principal and in view of the fiduciary relationship he cannot be permitted to claim his own possession. Thus, the agent is an extended hand of principal.         Thus, an agent who receives property or money from or for his principal obtains no interest for himself in the property. An agent holds the principal’s property only on behalf of the principal. He acquires no interest for himself in such property. He cannot deny principal’s title to property. Nor he can convert it into any other kind or use. His possession is the possession of the principal for all purposes. The agent has no possession of his own. Caretaker’s possession is the possession of the principal. The possession of the agent is the possession of the principal and in view of the fiduciary relationship he cannot be permitted to claim his own possession. Thus agent is the extended hand of principal. Dr. Vishwanath Mishra v. XIIIth Additional District Judge, 2020 (138) ALR 159.

Leave a comment

Filed under Possession of Agent