Unlawful Possession of Property = Constructive Dispossession?
property judiciary beginner judgment_takeI strongly DISAGREE with the SC's judgment in the case of Amarjeet Singh Kalsi v. Isha Kalsi (2018). The SC held that mere unlawful possession of a property by one person can amount to constructive dispossession by the rightful owner. The court went on to say that the possession has to be 'unlawful' but didn't specify what 'unlawful' means.
In my opinion, this judgment sets a wrong precedent as it makes the lives of tenants and buyers uncertain. In many Indian households, property is often given on rent or loan to relatives or friends without a legal contract. If the SC's ruling is applied in such cases, it could lead to disputes between family members and even land disputes.
For Judicial Services aspirants, this judgment highlights the importance of understanding the nuances of property law and the courts' power to interpret laws.