Sardarilal vs Narayanlal on 13 March, 1979
Reliance was also placed upon the cases of Smt. Durga-rani Devi v. Mohiuddin, ((1950) 86 Cal LJ 198); Daulat Singh v. State of Bombay, (1957 Nag LJ 625) and Ram Charan v. State of U. P., ((1969) Rent CR 855) (All). These cases do support the contention raised by the learned counsel for the appellant. But, with great respect, we are unable to agree with the view taken in them. The cases do not give due importance to the fact that Section 109 provides for apportionment of rent without the consent of the lessee indicating severance of tenancy. The cases also take too narrow a view of the words "all the rights" of the lessor as used in Section 109. For the reasons' given earlier by us, we respectfully dissent from the view taken in these cases.