Trespassers cannot take the benefit of law to claim possession of property left unattended for years by the owners, the Supreme Court said and asked the Centre to 'seriously consider' change in law to prevent squatters from dishonestly enjoying property.
"There is an urgent need of a fresh look regarding the law on adverse possession. We recommend the Centre seriously consider and make suitable changes in the law of adverse possession," a Bench comprising Justices Dalveer Bhandari and H S Bedi said.
"The law of adverse possession which ousts an owner on the basis of inaction within limitation is irrational, illogical and wholly disproportionate," the Bench said.
The Bench was referring to the provision of the law, which requires that the burden of proof lies on owners to show that they have the title to ad have been in possession and were dispossessed within a period of 12 years from the date of filing the suit.
The court's observation came while dismissing an appeal filed by a person who had illegally taken possession of a land from its original owner.
The apex court held that the present law was leaning against property owner who suffer because of adverse possession.
"The law as it exists is extremely harsh for the true owner and a windfall for a dishonest person who had illegally taken possession of the property of the true owner," the court said.
"We fail to comprehend why the law should place premium on dishonesty by legitimising possession of a rank trespasser and compelling the owner to loose its possession only because of his inaction in taking back the possession within limitation," the court said.
The law ought not to benefit a person, who in a clandestine manner, takes possession of the property of the owner in contravention of law.
This in substance would mean that the law gives seal of approval to the illegal action or activities of a rank of trespasser or who had wrongfully taken possession of the property of the true owner," the court said.
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