tenant-No finding regarding bonafides of dispute as to
title-Sub-tenant attorns to and paying rent to the landlord-
order of eviction-Validity ... Rule of estoppel-sub-tenant
under threat of eviction by title paramount-Attorns to
landlord-Whether estopped from denying tenant's title in
eviction
available to the land-
lord's transferee in absence of attornment by the tenant.
Reliance was placed on Kumar Krishna Prosad Lal Singha ... such cases there may be other grounds of
estoppel, e.g., by attornment, acceptance of
rent, etc. In this sense it is true enough
that
sale in favour of
Gopinath. The appellant who was in occupation attorned his
tenancy in favour of Gopinath. Gopinath, in turn, sold the
property ... Chhaya Gupta, the third respondent.
The appellant-tenant on being asked to attorn the tenancy in
favour of Chhaya Gupta, declined
limit prescribed is
Rs.10,000/-.)
27. Second, the respondent has not attorned to
the appellant inasmuch as it is also not clear ... over the suit premises. It is more so for want of
any attornment made by the respondent of the
appellant's ownership
tenancy between the petitioner and the respondent as the petitioner has not attorned to the respondent after the transfer in his favour. (2) That ... rent was not paid to the respondent and the petitioner has not attorned to him and thus it is contended that there is no landlord
eviction was not maintainable at their instance in absence of an attornment by the tenant in their favour.
(iii) In view of the fact that ... suit for eviction on the ground of personal necessity, an attornment by the tenant in favour of transferee of the land is not necessary
after so
pleading, the licensee or the lessee pleads a direct
attornment under a third party, presence of the said
third party would be necessary ... party has acquired title to the property and that the
defendant has attorned to said third party."
17. Said order was challenged before
been urged in support of this contention that there was
no attornment in this case and no public notice was issued
on dissolution ... family arrangement. Finding of the Trial Court on the issue
of attornment of tenancy was that such exercise would have
been required in case there
Trust against the respondent, the appellant has on
1.4.1983 directly attorned in favour of the Trust and entered into a
direct tenancy agreement and therefore ... trial
court, forming an opinion that in view of the appellant having attorned
and entered into direct tenancy with the Trust, the respondent
CITATOR INFO :
D 1989 SC1269 (18)
ACT:
Attornment-By tenants infavour of persons claiming but
having no title-How made-Payment of rent if necessary ... might be said that the tenants who were
there from before had attorned to the so-called,reversioners
it was a mere paper transaction
