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1 - 5 of 5 (0.19 seconds)Kumar Krishna Prosad Lal Singha Deo vs The Baraboni Coal Concern Limited on 4 June, 1937
In Krishna Prosad Lal v. Baraboni Coal Concern Ltd. (AIR 1937 PC 251), it has been held that Section 116 does not profess to deal with all kinds of estoppel which may arise between a landlord and tenant. The same view has been taken in some other cases also (See AIR 1957 Assam 188 (192); AIR 1945 Bom 399 and AIR 1959 Pat 562 (567)).
Section 115 in The Code of Civil Procedure, 1908 [Entire Act]
Section 25 in The Provincial Small Cause Courts Act, 1887 [Entire Act]
Sital Prasad vs Badri Prasad on 24 October, 1922
These words, in my view, do not exclude from their purview cases of attornment. In relation to the successors-in-interest of the original landlord equally the provisions of Section 116 are available if the tenant attorns to the successors-in-interest. Qua such successors the words "at the beginning of the tenancy" must be deemed to refer to the relationship of landlord and tenant which was established between the tenant and the successors-in-interest upon the latter's acquiring the interest of the original landlord. The view which I am taking finds some support from the decisions reported in the case of Sital Prasad v. Badri Prasad (AIR 1923 All 53) and Parameswar Lal Agarwalla v. Dalu Ram Jalan (AIR 1957 Assam 188 (192)).
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