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1 - 4 of 4 (0.17 seconds)Nizamuddin vs Mamtazuddin And Anr. on 3 August, 1900
3. The learned vakil for the appellants, however, contends that in law in order that a disclaimer should operate as forfeiture it should be a disclaimer of the tenancy in general and setting up of an adverse right by the tenant in himself. In other words if the tenant denies the relationship of landlord and tenant between the plaintiff and himself and sets up a third person as his landlord, claim-ling and not renouncing the status of a tenant, there is no forfeiture of the tenancy in law. It is conceded that under the law prevalent in the province from which this case comes the denial of the landlord's right works forfeiture on the analogy of the English law on the subject: see the case of Nizamuddin v. Mamtazuddin [1901] 28 Cal. 135.
Sri Sri Sri Vikramadeo Maharajlungaru ... vs Kishetravara Todramal Narendra Tatraj ... on 18 February, 1915
7. But the question may be looked at from another standpoint. In the present case it has been found by the lower appellate Court that the defendants' title had not been perfected by 12 years possession. They are at best non-occupancy raiyats with all the incidents of tenancy at will. As has been pointed out in the case of Maharaja of Jeypur v. Rukmini Pattamahadevi A.I.R. 1919 P.C. 1 quoting from the judgment in an English case,
that denial or disclaimer by a tenant of this character need not be held to work a forfeiture, the holding being subject to the mutual will of landlord and tanant to determine it on giving the usual notice, evidence of a disclaimer in evidence of an election to put an end to the tenancy and supersede the necessity for such notice.
The Transfer Of Property Act, 1882
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