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1 - 10 of 14 (0.75 seconds)Section 12 in The M.P. Accommodation Control Act, 1961 [Entire Act]
Section 116 in The Indian Evidence Act, 1872 [Entire Act]
The Transfer Of Property Act, 1882
Section 18 in The Indian Evidence Act, 1872 [Entire Act]
Hatimullah And Ors. vs Mahamad Abju Choudhury on 6 July, 1927
We may quote with advantage the law as stated by a
Division Bench of Calcutta High Court in Hatimullah and Ors. Vs.
Mahamad Abju Choudhury, AIR 1928 Calcutta 312. It was held,
"the principle of forfeiture by disclaimer is that where the tenant
denies the landlord's title to recover rent from him bona-fide on the
ground of seeking information of such title or having such title
established in a Court of law in order to protect himself, he is not to be
charged with disclaiming the landlord's title. But where the
disclaimer is done not with this object but with an express repudiation
of the tenancy under the landlord, it would operate as forfeiture".
Section 111 in The Transfer Of Property Act, 1882 [Entire Act]
Dilbagrai Punjabi vs Sharad Chandra on 8 August, 1988
In Dilbagrai Punjabi Vs. Sharad Chandra
(1988) Supp SCC 710, this Court held that it was essential to sustain a
claim of eviction under Section 12(1)(f) of the Act to establish that the
plaintiff was the owner of the premises. However, the Court upheld
the ownership of the landlord having been proved on the basis of an
admission of the ownership of the plaintiff made by the defendant in
reply to notice given before the institution of the suit and the recital of
the name of the plaintiff as the owner of the property contained in the
receipts issued by the landlord to the tenant over a period of time.
Thus, the burden of proving ownership in a suit between landlord and
tenant where the landlord-tenant relationship is either admitted or
proved is not so heavy as in a title suit and lesser quantum of proof
may suffice than what would be needed in a suit based on title against
a person setting up a contending title while disputing the title of the
plaintiff. Nevertheless pleading and proving ownership, in the sense
as it carries in Rent Control Law, is one of the ingredients of the
ground under Section 12(1)(f) of the Act.
Section 2 in The M.P. Accommodation Control Act, 1961 [Entire Act]
Majati Subbarao vs P.K.K. Krishna Rao (Deceased) By Lrs on 19 September, 1989
However, it has to be borne in mind that since the
consequences of applying the rule of determination by forfeiture of
tenancy as a result of denial of landlord's title or disclaimer of tenancy
by tenant are very serious, the denial or disclaimer must be in clear
and unequivocal terms (See __ Majati Subbarao Vs. P.V.K. Krishna
Rao (deceased) by Lrs.