By Delhi Law Advocates | Property & Civil Litigation Team
Disputes between landlords and tenants form a significant chunk of civil litigation in Delhi NCR. At Delhi Law Advocates, we specialize in protecting the absolute ownership rights of property owners against illegal occupants, overstaying tenants, and fraudulent claims of title.
The Adverse Possession Misconception
One of the most common defense tactics used by overstaying occupants is threatening to file a suit claiming “Adverse Possession” under the Limitation Act, citing an occupation period of over 12 years.
Our legal strategy aggressively dismantles this claim.
Jurisprudence clearly dictates that a tenant’s possession is derivative. The very act of paying rent, or entering the premises under a lease/license framework, legally estops the occupant from denying the landlord’s title (Section 116 of the Indian Evidence Act).
Unless the tenant commits a highly public, hostile act asserting their own title—and the landlord remains silent for 12 years thereafter—the clock for adverse possession never even begins to tick.
Our Eviction Strategy
If you have a tenant refusing to hand over vacant possession, we execute a strict, legally sound strategy:
- Termination of Tenancy: We draft and serve a watertight Legal Notice under Section 106 of the Transfer of Property Act, formally terminating the tenancy and demanding vacant possession.
- Filing Suit for Possession: If the notice period expires without compliance, we file a Civil Suit for Eviction and Recovery of Possession in the appropriate District Court (Dwarka, Saket, Patiala House, etc.).
- Claiming Mesne Profits: We don’t just ask for the property back. We petition the court to order the tenant to pay “mesne profits” (damages for illegal occupation), which are often calculated at the current market rental rate, penalizing them financially for overstaying.
Your real estate is your most valuable asset. Do not let illegal occupants hold it hostage.
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Delhi Law Advocates
📍 Office Address: A-52, B1 Floor, Sector-19, Dwarka, New Delhi-75
📱 Legal Helpline: +91-8766252309
🌐 Visit Our Website: delhilawadvocates.com