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Issues:
- Interpretation of Section 116 of the Evidence Act regarding estoppel in a landlord-tenant dispute. - Application of the rule of estoppel in eviction proceedings under Section 10(2)(i) and (vi) of the Andhra Pradesh Buildings (Lease, Rent & Eviction) Control Act, 1960. - Consideration of threat of eviction by a person claiming title paramount in determining estoppel. - Analysis of the tenant's right to challenge the landlord's title under Section 116 of the Evidence Act. - Examination of the tenant's attornment to the head lessor and its impact on the eviction proceedings. Analysis: The judgment in question involves a dispute where the appellant was facing eviction from demised premises under Section 10(2)(vi) of the Andhra Pradesh Buildings (Lease, Rent & Eviction) Control Act, 1960. The central issue revolved around whether the appellant was estopped from denying the title of the lessor under Section 116 of the Evidence Act, despite a threat of eviction by the owner claiming title paramount. The High Court upheld the eviction order based on the rule of estoppel, leading to the appeal to the Supreme Court. The Supreme Court analyzed the application of Section 116 of the Evidence Act, emphasizing that a tenant cannot deny the landlord's title during the tenancy, subject to certain exceptions. The Court clarified that a tenant facing threat of eviction by the title paramount is not estopped from challenging the landlord's title. The tenant's attornment to the head lessor was considered significant, leading to the creation of a direct tenancy and impacting the eviction proceedings. The Court highlighted that the rule of estoppel under Section 116 is limited to the denial of the landlord's title at the commencement of the tenancy. It was noted that the tenant, even without surrendering possession, can show that the landlord's title ceased to exist after the commencement of the tenancy or due to attornment under threat of eviction by the title paramount. The judgment referenced relevant case laws to support the interpretation of estoppel in landlord-tenant disputes. Ultimately, the Supreme Court allowed the appeal, quashing the eviction proceedings under Section 10(2)(i) and (vi) of the Act. The Court found that the rule of estoppel was incorrectly applied, considering the threat of eviction by the title paramount and the tenant's attornment to the head lessor. The appellant, who had been paying rent to the present lessor and was not in arrears, was deemed entitled to challenge the respondent's title, leading to the reversal of the eviction order.
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