JAGDISH DUTT vs DHARAM PAL

The Supreme Court held that during the subsistence of a tenancy, a tenant cannot set up title against the landlord, as established in Sant Lal Jain vs. Avtar Singh, 1985 (2) SCC 332. The Court clarified that the concept of merger under Section 111(d) of the Transfer of Property Act, 1882 applies only when the entire property is sold, and not when only a portion is acquired. The Court upheld the High Court's decision to investigate the quantum of share purchased by the judgment debtor, emphasizing that if only an insignificant share was acquired, the landlord is entitled to khas possession.