AIR 1958 ALLAHABAD 107 ::ILR (1957) 2 All 391

Allahabad High Court

Hon'ble Judge(s): Raghubar Dayal, Srivastava , JJ

Landlord and tenant - Abandonment - Abandonment by tenant - Meaning - Intention to abandon - (Words and Phrases). Abandonment when used with reference to a person having a derivative interest, e.g., a tenant or ryot essentially means the giving up of his right in the property by the person with the intention that he will no longer have any concern with it and that it is to revert to the person to whom it is ultimately to belong. The necessary intention to abandon must therefore be there. This intention has a positive as well as a negative aspect. The negative aspect implies that the person who abandons will cease to have all connections with the property. The positive aspect of the intention must be that the property is to go back to the person who would be entitled to it in the absence of the person who abandons.(Para 6) Therefore, a tenant cannot be held to have abandoned a shop simply because he executes a gift deed in respect of it in favour of a person who is not only closely related to him but has been brought up by him as his son with the intention that he should continue in the shop after him in the same way as he himself has been in possession of the shop and where even after executing the gift deed he does not give up possession over the shop and continues living in it till he dies, inasmuch as both the positive and n....