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may 1988

Supreme Court of India · 1988-05-09

TEJ BHAN MADAN vs II ADDITIONAL DISTRICT JUDGE AND OTHERS

Citation / case number
SC 1981/63627
Court
Supreme Court of India
Petitioner
TEJ BHAN MADAN
Respondent
II ADDITIONAL DISTRICT JUDGE AND OTHERS
Author
M.N. VENKATACHALLIAH
Bench
M.N. VENKATACHALLIAH

Judgment text excerpt

The Supreme Court held that under Section 116 of the Indian Evidence Act, a tenant cannot deny the title of their landlord during the tenancy, and such denial constitutes grounds for eviction under Section 3(1)(f) of the Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1947. The Court clarified that a tenant's denial of the landlord's title, without renouncing their tenancy, is impermissible and amounts to a breach of the estoppel principle. The appeal was dismissed, affirming the High Court's order of ejectment against the tenant for their refusal to attorn to the new landlord.

TEJ BHAN MADAN vs II ADDITIONAL DISTRICT JUDGE AND OTHERS · Niyam