The Supreme Court set aside the Calcutta High Court’s demolition order and allowed a housing project near Visva-Bharati University, holding that “khoai” is not a recognised land category under West Bengal law. The Court ruled that in the absence of fraud or major illegality, demolition is a harsh measure and imposed a Rs 1 lakh cost on PIL petitioners.
The Supreme Court held that keeping original title deeds in bank lockers is a common practice and does not show buyer’s fault. Finding deliberate concealment of mortgage by the seller, the Court restored the order allowing the buyer to recover the paid amount.
In a major judgment, the Supreme Court ruled that no tenant—regardless of how long they’ve stayed—can claim ownership of rented property through adverse possession. The Court clarified that tenancy is always based on the owner’s permission, not ownership rights.
