AIR 1953 HYDERABAD 97

Hyderabad High Court

Hon'ble Judge(s): A. Srinivasa Chari , J

(A) Hyderabad Transfer of Property Act , S.130— Acceptance of rent after notice - Effect. Transfer of Property Act (4 of 1882) , S.112— The mere fact that rent is accepted after a notice of ejectment is given would not amount in law to a waiver of the right of the landlord to eject a tenant. There ought to be evidence of an express intention on the part of the landlord to waive his right to eject a tenant.(Para 2) Anno : T.P. Act S.112, N.2. (B) Transfer of Property Act (4 of 1882) , S.53A— Applicability - Contract to transfer - Leases - Unregistered deed -- Evidence of possession in pursuance of document - Admissibility. Evidence Act (1 of 1872) , S.91— Registration Act (16 of 1908) , S.49— The provisions of S.53A would apply to a lease also : 1950 SC 1, Rel. on.(Para 3) That section enables the lessee who has been put in possession of a property in pursuance of an agreement to use the possession as a defence in any suit that might be brought to eject him or disturb his possession and therefore the Court should allow evidence to be given of the agreement even though the document containing the agreement itself is not receivable in evidence being unregistered.(Para 3)....