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2012 Supreme(SC) 246

DEEPAK VERMA, DALVEER BHANDARI, H.L.DATTU
Maria Margarida Sequeria Fernandes – Appellant
Versus
Erasmo Jack de Sequeria – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here is a summary of the facts, issues, and holding:

Facts: The case involves a dispute between siblings over a property. The appellant, who is the owner and in possession of the property, had purchased it through auction and established her title and ownership. She had been in continuous possession and had paid municipal taxes and utility bills, confirming her ownership status. The respondent, her brother, was given possession of the property as a caretaker based on a family arrangement, but he did not claim ownership or title. He shifted out of the property and handed over the keys, but later filed a suit claiming possession and seeking an injunction, asserting that he had been in long-term possession and that his possession was based on a family arrangement. The appellant contended that the respondent's possession was permissive and that he was a caretaker holding the property only on behalf of the owner, with no legal interest or right to continue possession.

Issues: The primary legal issues were whether the respondent, as a caretaker, had any legal right or interest in the property that would entitle him to continued possession or protection under law, and whether the suit for injunction filed by him was maintainable against the true owner. Another issue was whether the appellant had valid title and possession, supported by documentary evidence and records, and whether she was entitled to recover possession from the respondent. Additionally, the case examined whether the respondent's long possession could establish any rights or whether such possession was merely permissive and thus not protected.

Holding: The court held that the appellant had a valid and subsisting title to the property, supported by documentary evidence and official records. The respondent’s possession was found to be only as a caretaker, holding the property on behalf of the owner, and not as a person with any independent right or interest. Since the respondent did not claim title and his possession was permissive, his suit for injunction against the true owner was not maintainable. The court further emphasized that long possession alone does not confer ownership rights, especially when the possession was permissive. Consequently, the court set aside the judgments in favor of the respondent and directed that the possession of the property be handed back to the appellant. The respondent was given a limited time to vacate, and the court ordered compensation for occupation until possession was restored to the owner.


JUDGEMENT

Dalveer Bhandari, J.

1. Leave granted.

2. This appeal emanates from the judgment and order dated 5.5.2009 passed by the High Court of Bombay, Bench at Goa in Civil Revision Application No.3 of 2009.

3. Appellant No.1 and respondent No.1, Erasmo Jack de Sequeira (now dead) were sister and brother, hereinafter referred to as appellant and respondent respectively.

4. According to the appellant, she is the sole owner and is in exclusive possession of the suit property. Her title of the said suit property was clearly admitted, and never disputed by the respondent, Erasmo Jack de Sequeira. According to the appellant, the suit property was given to her brother as a caretaker. The respondent has kept appellant, his own sister, out of her suit property for about two decades by suppressing relevant material and pertinent information from the Court and abusing the process of law.

5. Both the appellant and the respondent hail from the State of Goa and belong to one of the leading and well known families of Goa. The father of the appellant and the respondent, Dr. Jack D. Sequeira was an affluent businessman and a well-known politician of Goa. Dr. Sequeira, during his lifetime, gave a



























































































































































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