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1 - 5 of 5 (0.19 seconds)Kumar Raj Krishna Prosad Lal Singh Deo vs Barabani Coal Concern Ltd. And Ors. on 20 July, 1934
Jagannath AIR (1976) SC 2355, has also
ruled that in a suit for eviction by landlord,
the tenant is estopped from questioning
the title of the landlord because of Section
116 of the Act. The Judicial Committee
in Kumar Krishna Prasad Lal Singha Deo v.
Baraboni Coal Concern Ltd3, when had
occasion to examine the contention based
oil the words 'at the beginning of the
tenancy' in Section 1 16 of the Evidence
Act, pronounced that they do not give a
round for a person already in possession of
land becoming tenant of another, to
16 CRP NO.201 OF 2021
contend that there is no estoppel against
his denying his subsequent lessor's title.
Ever since, the accepted position is
that Section 116 of the Evidence Act
applies and estops even a person already
in possession as tenant under one landlord
from denying the title of his subsequent
landlord when once he acknowledges him
as his landlord by attornment or conduct.
Therefore, a tenant of immovable property
under landlord who becomes a tenant
under another landlord by accepting him to
be the owner who had derived title from
the former landlord, cannot be permitted to
deny the latter's title, even when he is
sought to be evicted by the latter on a
permitted ground.
Section 1 in The Indian Evidence Act, 1872 [Entire Act]
Section 16 in The Indian Evidence Act, 1872 [Entire Act]
Section 116 in The Indian Evidence Act, 1872 [Entire Act]
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