GURU AMARJIT SINGH versus RATTAN CHAND AND ORS.

GURU AMARJIT SINGH versus RATTAN CHAND AND ORS.

Forfeiture of lease under Section 111(g) of Transfer of Property Act, 1882 does not apply absent clear and unequivocal disclaimer of landlord's title or express covenant prohibiting sale; Jamabandi entries are only revenue records and do not prove payment of rent or title; the respondents' pleadings and conduct did not amount to forfeiture, and the High Court's judgment dismissing the suit is upheld.

Parties
Appellant: Guru Amarjit Singh; Respondents: Rattan Chand and Ors.
Jurisdiction
India
Judgment Date
12 August 1993
Procedural Posture
Civil Appeal / Appeal From Decision of Punjab and Haryana High Court
Outcome
Appeal dismissed
Legal Topics
Forfeiture of Lease, Adverse Possession, Occupancy Tenants, Jamabandi Record
Property Law Forfeiture of Lease Adverse Possession Occupancy Tenants Jamabandi Record

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Parties

Guru Amarjit Singh

Appellant

Rattan Chand and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Decision of Punjab and Haryana High Court

Legal Issues

  1. 1 Whether forfeiture of lease occurred under Section 111(g) of the Transfer of Property Act, 1882
  2. 2 Whether Jamabandi entries are proof of title or payment of rent
  3. 3 Whether respondents became owners by adverse possession and under Punjab Occupancy Tenants Act and Punjab Village Common Lands Act

Ratio Decidendi

Forfeiture of lease under Section 111(g) of Transfer of Property Act, 1882 does not apply absent clear and unequivocal disclaimer of landlord's title or express covenant prohibiting sale; Jamabandi entries are only revenue records and do not prove payment of rent or title; the respondents' pleadings and conduct did not amount to forfeiture, and the High Court's judgment dismissing the suit is upheld.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs quantified at Rs.2,500.