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1 - 10 of 15 (0.37 seconds)The Transfer Of Property Act, 1882
Section 12 in The M.P. Accommodation Control Act, 1961 [Entire Act]
The Slum Areas (Improvement And Clearance) Act, 1956
Section 111 in The Transfer Of Property Act, 1882 [Entire Act]
Section 19 in The Slum Areas (Improvement And Clearance) Act, 1956 [Entire Act]
Section 1 in The Slum Areas (Improvement And Clearance) Act, 1956 [Entire Act]
Section 12 in The Slum Areas (Improvement And Clearance) Act, 1956 [Entire Act]
Section 19 in The Slum Areas (Improvement And Clearance) Act, 1956 [Entire Act]
Raja Mohammad Amir Ahmad Khan vs Municipal Board Of Sitapur And Anr. on 3 December, 1964
13. The law as to tenancy being determined by
forfeiture by denial of the lessor's title or disclaimer of the
tenancy has been adopted in India from the Law of England
where it originated as a principle in consonance with
justice, equity and good conscience. On enactment of the
Transfer of Property Act, 1882, the same was incorporated
into clause (g) of Section 111. So just is the rule that it has
been held applicable even in the areas where the Transfer of
Property Act does not apply (See : Raja Mohammad Amir
Ahmad Khan Vs. Municipal Board of Sitapur and Anr. AIR
1965 SC 1923). The principle of determination of tenancy by
forfeiture consequent upon denial of the lessor's title may
not be applicable where rent control legislation intervenes
and such legislation while extending protection to tenants
from eviction does not recognize such denial or disclaimer
as a ground for termination of tenancy and eviction of
tenant. However, in various rent control legislations such a
ground is recognized and incorporated as a ground for
eviction of tenant either expressly or impliedly by bringing it
within the net of an act injurious to the interest of the
landlord on account of its mischievous content to prejudice
adversely and substantially the interest of the landlord."