AIR 2002 SUPREME COURT 1061 ::2002 AIR SCW 794 ::2002 SCFBRC 187 ::2002 (3) SCC 98 ::(2002) 2 Scale 98 ::2002 (2) All CJ 993 ::(2002) 1 CurCC 175 ::(2002) 47 All LR 230 ::2002 (3) MadLW 553 ::(2002) 2 Mad LJ 63 ::(2002) 4 AndhLD 90 ::(2002) 1 RenCR 263 ::(2002) 1 RentLR 553 ::(2002) 1 SCJ 684 ::(2002) 1 RenCJ 151 ::2002 (1) SLT 762 ::2002 (1) Supreme 594 ::2002 (3) SRJ 129 ::(2002) 1 JT 657 (SC)

Supreme Court Of India

(From : Madras)*

Hon'ble Judge(s): R. C. Lahoti, Brijesh Kumar , JJ

(A) Tamil Nadu Buildings (Lease and Rent Control) Act (18 of 1960) , S.10(2)(vii)— Eviction - "Not bona fide" denial of title -- Connotation of -- Landlord allottee from Municipal Corporation -- Filing eviction suit against tenant on ground of default in payment of rent -- Plea by tenant that under threat of eviction from Corporation he is willing to pay rent to Corporation -- Would not amount to "not bona fide" denial of title. CRP Nos. 2861 and 2876 of 1997; R. P. Nos. 4 and 5 of 1998, D/- 24-12-1997 and 19-3-1998 (Mad), Reversed. Evidence Act (1 of 1872) , S.116— What amounts to denial of title, and whether such denial is bona fide or not, are the questions to be determined in the facts and circumstances of each case. As a general rule the vulnerability of denial of title by the tenant shall be tested by reference to rule of estoppel contained in S. 116 of the Evidence Act which estoppes the tenant from denying the title of the landlord at the commencement of the tenancy and the estoppel continues to operate so long as the tenant does not surrender possession over the tenancy premises to the landlord who inducted him in possession. The tenant is not estopped from denying the title of the landlord if it comes to an end subsequent to the creation of the tenancy nor is he estopped from questioning the derivative title of a transferee of his la....