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TMI Blog2002 (3) TMI 960X X X X Extracts X X X X X X X X Extracts X X X X ..... sons have constituted a partnership which is registered as Firm Prahlad Rai Prem Prakash. 3. The firm claiming itself to be the owner of the suit premises filed suit for ejectment of the tenant-defendant on two grounds, firstly, that the accommodation was required bona fide by the plaintiffs for the purpose of continuing their own business, and secondly, that the accommodation was required bona fide by the plaintiffs for the purpose of re-building which could not be carried out without the accommodation being vacated. In the written statement, while contesting the claim of the plaintiffs for eviction, the defendant-tenant pleaded inter alia that the plaintiffs were not the owners of the suit premises and therefore the tenant was not liable to be evicted though in that very written statement, at other places, the defendant admitted the plaintiffs as his landlords, also having paid rent to the plaintiffs after the death of Khetsidas, and also having initiated proceedings for fixing standard rent of the premises in which proceedings the tenant had impleaded the plaintiff-firm as opposite party alleging the firm to be the landlord of the suit accommodation. 4. The Trial Court framed s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court. The plaintiffs gave up this ground and did not pursue the same and therefore this ground is rendered redundant. A mention thereof is being made because it would have relevance for the purpose of deciding availability of ground of eviction under Section 12(1)(c) of the Act as will be noticed shortly hereinafter. 8. The clauses relevant for our purpose, viz. (c), (f) and (h) of Sub-section (1) of Section 12 of the Act read as under: Section 12. Restriction on eviction of tenants. --(1) Notwithstanding anything to the contrary contained in any other law or contract, no suit shall be filed in any Civil Court against a tenant for his eviction from any accommodation except on one or more of the following grounds only namely:- xxx xxx xxx xxx xxx xxx xxx xxx (c) that the tenant or any person residing with him has created a nuisance or has done any act which is inconsistent with the purpose for which he was admitted to the tenancy of the accommodation, or which is likely to affect adversely and substantially the interest of the landlord therein xxx xxx xxx xxx xxx xxx xxx xxx (f) that the accommodation let for non-residential purpose is required bona-fide by the landlord for the pur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o receive the rent may be on the own account of the landlord or on account of or for the benefit of any other person. A trustee, a guardian and a receiver are also included in the definition of landlord. Such landlord would be entitled to seek an eviction of the tenant on one or more of such grounds falling within the ambit of Section 12(1) of the Act which do not require the landlord to be an owner also so as to be entitled to successfully maintain a claim for eviction. Clause (f) contemplates a claim for eviction being maintained by an owner-landlord and not a landlord merely. Though of course, we may hasten to add, that the concept of ownership in a landlord-tenant litigation governed by Rent Control Law has to be distinguished from the one in a title suit. Ownership is a relative term the import whereof depends on the context in which it is used. In Rent Control Legislation, the landlord can be said to be owner if he is entitled in his own legal right, as distinguished from for and on behalf of someone else, to evict the tenant and then to retain, control, hold and use the premises for himself. What may suffice and hold good as proof of ownership in a landlord tenant litigation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stently taken this view and we see no reason to make a departure therefrom. It has to be seen how and in what manner a denial of title or disclaimer by tenant would attract applicability of Section 12(1)(c) of the Act? In our opinion, the denial or disclaimer to be relevant for the purpose of Section 12(1)(c) should take colour from Section 116 of the Evidence Act and Section 111(g) of the Transfer of Property Act. Section 116 of the Evidence Act embodies therein a rule of estoppel. No tenant of immovable property, or person claiming through such tenant, shall, during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such immovable property. This estoppel so long as it binds the tenant excludes the tenant from raising a plea disputing the title of his landlord at the commencement of the tenancy. It flows as a corollary therefrom that the proof of landlord-tenant relationship tantamounts during the continuance of tenancy to proof of ownership of landlord over the tenancy premises at the beginning of the tenancy so far as the tenant is concerned. It is significant to note that on the phraseology of S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 14. Denial of landlord's title or disclaimer of tenancy, is it an act injurious to interest o landlord? How does this rule operate and what makes it offensive? Evans Smith state in the Law of Landlord and Tenant Fourth Edition. 1993, at p.89) that it is an implied condition of every lease, fixed-term or periodic and formal or informal, that the tenant is not expressly or impliedly to deny the landlord's title or prejudice it by any acts which are inconsistent with the existence of a tenancy. Disclaimer of the landlord's title is analogous to repudiation of a contract. The rule is of feudal origin; the courts are not anxious to extend it and so any breach of this condition must be clear and unambiguous. Hill Redman in Law of Landlord and Tenant (Seventeenth Edition, para 382, at page 445-446) dealing with Acts which prejudice lessor's title state that there is implied in every lease a condition that the lessee shall not do anything that may prejudice the title of the lessor; and that if this is done the lessor may re-enter for breach of this implied condition. Thus, it is a cause of forfeiture if the lessee denies the title of the lessor by alleging that the title o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he tenant having been apprised of the transfer, assignment or devolution of rights acknowledges the title of transferee either expressly or by paying rent to him, the rule of estoppel once again comes into operation for it is unjust to allow tenant to approbate and reprobate and so long as the tenant enjoys everything which his lease purports to grant how does it concern him what the title of the lessor is [See Tej Bhan Madan v. II Additional District Judge and Ors. - (1983) 3 SCC 137]. A denial of title which falls foul of the rule of estoppel contained in Section 116 of Evidence Act is considered in law a malicious act on the part of the tenant as it is detrimental to the interest of the landlord and does no good to the lessee himself. However, it has to be borne in mind that since the consequences of applying the rule of determination by forfeiture of tenancy as a result of denial of landlord's title or disclaimer of tenancy by tenant are very serious, the denial or disclaimer must be in clear and unequivocal terms )See - Majati Subbarao v. P.V.K. Krishna Rao (deceased) by Lrs. - AIR1989SC2187 , Kundan Mal v. Gurudutta [1989]1SCR330 : [1989]1SCR330 and Raja Mohammad Amir Ahm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the house nor the rent of Rs. 17/- per month was settled between the defendant and the plaintiff. However, nowhere in the written statement the defendant has disowned the character and nature of his possession over the suit premises as tenant. He has neither pleaded the title in the suit property in himself nor pleaded that anyone other than the plaintiffs is the owner of the property. On the contrary, in the written statement, as also in his deposition, the defendant has admitted his having paid rent to the plaintiffs and having initiated proceedings before the Rent Controller for fixation of standard rent of the premises impleading the plaintiff-firms as the landlord-opposite party. To put it in other words, what the tenant has said, is something like this - Yes, I am a tenant in the suit premises; I have paid the rent to you (and I may continue to do so); but before you may be held entitled to a decree under Section 12(1)(f) of the Act, I, in order to protect myself from eviction, call upon you to satisfy the court and let me also be satisfied if you are the owner of the suit premises. The nature of the plea raised and the stand taken by the defendant in the written statement an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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