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TMI Blog1987 (9) TMI 432X X X X Extracts X X X X X X X X Extracts X X X X ..... ease, Rent Eviction) Control Act, 1960. The question is whether the appellant was estopped from denying the title of the lessor under Section 116 of the Evidence Act, 1872 despite the fact that there was threat of eviction by the owner of the demised premises one Krishnamurthy i.e. the person having title paramount. 2. There is no material point of fact which is now in dispute. The demised premises which is a removable wooden cabin or kiosk located at one corner of a building belonging to one Krishnamurthy was let out on a rent of Rs. 6 per day which later was increased to Rs. 10, by the respondent P. Jagadish, son of the original tenant P.R.N. Upadhyaya on March 9, 1977. Admittedly, the main premises i.e. the building was demised by K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hyderabad by judgment dated April 29, 1985 reversed the order of the learned Rent Controller and directed the eviction of the appellant under Section 10(2)(i) and (vi) holding that the premises in question was a building within Section 2(iii) of the Act and that in view of the denial of his title as well as admitted non-payment of rent, the appellant was estopped from denying the title. That decision of his has been upheld by a learned Single Judge of the High Court by the judgment under appeal. The judgment the High Court mainly rests on the rule of .estoppel. 3. The appeal must be allowed on the short ground that there being a threat of eviction by a person claiming title paramount i.e. head lessor Krishnamurthy, the appellant was not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The rule of estoppel embodied under Section 116 of the Evidence Act is that, a tenant who has been let into possession cannot deny his landlord's title, however defective it may be, so long as he has not openly restored possession by surrender to his landlord. During the continuance of the tenancy, the tenant cannot acquire by prescription a permanent right of occupancy in derogation of the landlord's title by mere assertion of such a right to the knowledge of the landlord. See: Bilas Kunwar v. Desraj Ranjit Singh ILR (1915) 37 All. 557 (PC) and Atyam Veerraju and Ors. v. Pechetti Venkanna and Ors. [1966] 1 SCR 831. The general rule is, however, subject to certain exceptions. Thus a tenant is not precluded from denying the derivativ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tenant has attorned under a threat of eviction by the title paramount and there comes into existence a new dural relationship of landlord and tenant as between them. The law is stated in 27 Halsbury's Laws of England, 4th edn., para 238: 238. Eviction under title paramount. In order to constitute an eviction by a person claiming under title paramount, it is not necessary that the tenant should be put out of possession, or that proceedings should be brought. A threat of eviction is sufficient, and if the tenant, in consequence of that threat, attars to the claimant, he may set this up as an eviction by way of defence to an action for rent, subject to his proving the evictor's title. There is no eviction, however, if the tenant giv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all apply to the Controller for a direction in that behalf If the Controller, after giving the tenant a reasonable opportunity of showing cause against the application, is satisfied - (i) that the tenant has not paid or tendered the rent due by him in respect of the building within fifteen days after the expiry of the time fixed in the agreement of tenancy with his landlord or in the absence of any such agreement, by the last day of the month next following that for which the rent is payable, or (vi) that the tenant has denied the title of the landlord or claimed a right of permanent tenancy and that such denial or claim was not bonafide, the Controller shall make an order directing the tenant to put the landlord in possession of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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