AIR 1987 SUPREME COURT 2192 ::1987 SCFBRC 397 ::(1987) 2 All RentCas 371 ::1987 (4) SCC 424 ::(1989) 1 Mad LJ 1 ::1987 (2) RenCR 366 ::1987 (2) RenCJ 504 ::(1987) 2 APLJ 65 ::1987 4 JT 571 ::(1987) 3 JT 571 (SC)

Supreme Court Of India

(From : Andhra Pradesh)*

Hon'ble Judge(s): A. P. Sen, B. C. Ray , JJ

Evidence Act (1 of 1872) , S.116— Estoppel - Tenant not permitted to deny title of landlord - Rule does not apply when tenant is under threat of eviction by person claiming paramount title - Held on facts order of eviction passed against sub-tenant under S. 10(2)(i), (vi) of A.P. Act was improper. 1986 L. S. (A.P.) 286, Reversed. Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act (15 of 1960) , S.10(2)(i)(vi)— Section 116 of the Evidence Act provides that no tenant of immovable property 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. Possession and permission being established, estoppel would bind the tenant during the continuance of the tenancy and until he surrenders his possession. Estoppel under S. 116 of the Evidence Act is restricted to the denial of the title of the landlord at the commencement of the tenancy. From this, the exception follows, that it is open to the tenant even without surrendering possession to show that since the date of the tenancy, the title of the landlord came to an end or that he was evicted by a paramount tile holder or that even though there was no actual eviction or dispossession from the property, under a threat of eviction he had attorned to the paramount titleholder.(Par....