Permissive possession cannot mature into adverse possession; long occupation and documents alone do not defeat the owner's title.

Permissive occupation of property by a watchman, caretaker or servant does not become adverse possession merely because the occupant remains in long possession; the claimant must show hostile, open and exclusive possession against the owner. House tax receipts and ration card entries were insufficient because they did not establish a true adverse title. The Court also stressed that equitable injunction will not protect a claimant who suppresses material facts or lacks clean hands. On these facts, the adverse possession claim failed, injunction was untenable, and the decree in favour of the lawful owner was restored.

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Issues: Whether a watchman permitted to occupy premises in that capacity can claim injunction or title by adverse possession against the owner, and whether the appellate court was justified in reversing the trial court's findings.

Analysis: The occupation of the suit property was found to be permissive and referable to employment as a watchman. On the facts, the appellant's father was engaged to look after the property and was allowed to reside there in that capacity, and the appellant continued in the same position. Long stay, house tax receipts, and ration card entries did not establish hostile possession or adverse possession. The Court emphasised that pleadings and documents must disclose the true basis of possession, and that a person in wrongful or permissive possession cannot claim equitable protection against the lawful owner, particularly where material facts are suppressed and the claim lacks candour.

Conclusion: The claim of adverse possession failed, the request for injunction was untenable, and the judgment restoring the trial court's decree in favour of the owner was upheld.

Ratio Decidendi: A watchman, caretaker, or servant permitted to reside in property for its upkeep holds only permissive possession and cannot acquire rights against the owner by mere long occupation; equitable relief will also be denied where the claimant suppresses material facts or lacks clean hands.

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