TEJ BHAN MADAN versus II ADDITIONAL DISTRICT JUDGE AND OTHERS

TEJ BHAN MADAN versus II ADDITIONAL DISTRICT JUDGE AND OTHERS

Appellant, after attornment and payment of rent to Gopinath (derivative landlord), was estopped from denying Gopinath's/third-respondent's title. The denial of the landlord's title after attornment, in the absence of fraud or misrepresentation, constitutes a ground for eviction under Section 3(1)(f) of the Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1947. The High Court's order of ejectment stands confirmed.

Parties
Appellant: Tej Bhan Madan; Respondents: II Additional District Judge and Others
Jurisdiction
India
Judgment Date
09 May 1988
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment Dated 10.7.1980 of the Allahabad High Court in Civil Miscellaneous W.p. No. 5661 of 1979
Outcome
Appeal dismissed.
Legal Topics
Tenant's Estoppel, Denial of Landlord's Title, Forfeiture of Tenancy, Attornment, Eviction, Section 116 of Indian Evidence Act, Section 3(1)(f) of Uttar Pradesh (temporary) Control of Rent and Eviction Act, 1947
Landlord and Tenant Law Evidence Tenant's Estoppel Denial of Landlord's Title Forfeiture of Tenancy Attornment Eviction Section 116 of Indian Evidence Act +1 more

Case Brief

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Parties

Tej Bhan Madan

Appellant

II Additional District Judge and Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment Dated 10.7.1980 of the Allahabad High Court in Civil Miscellaneous W.p. No. 5661 of 1979

Legal Issues

  1. 1 Whether the tenant's conduct amounted to denial of the landlord's title within Section 3(1)(f) of the Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1947
  2. 2 Whether under Section 116 of the Indian Evidence Act, after attornment, the tenant can deny the title of the derivative landlord

Ratio Decidendi

Appellant, after attornment and payment of rent to Gopinath (derivative landlord), was estopped from denying Gopinath's/third-respondent's title. The denial of the landlord's title after attornment, in the absence of fraud or misrepresentation, constitutes a ground for eviction under Section 3(1)(f) of the Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1947. The High Court's order of ejectment stands confirmed.

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed without an order as to costs.