AIR 1994 DELHI 212 ::(1994) 2 RRR 333 ::(1994) 53 DLT 655 ::(1994) 3 Pun LR 26 ::(1994) 28 DRJ 706

Delhi High Court

Hon'ble Judge(s): D. P. Wadhwa, D. K. Jain , JJ

(A) Limitation Act (36 of 1963) , Art.64— Adverse possession - Plaintiffs suing not @page-Del213because of title but because of their right as tenants being legal heirs of person who was earlier tenant - Right to sue alleged to have accrued when defendants took possession of shop - Suit filed ten years thereafter, barred by limitation, specially in absence of explanation as to how defendants came to possess shops. (Para 7) (B) Transfer of Property Act (4 of 1882) , S.109— "Attornment" - Means to acknowledge relation of tenant to new landlord - It also implies continuity of tenancy. Houses and Rents - Attornment - Meaning of.Words and Phrases - "Attornment" - Meaning of. "To attorn" merely means to acknowledge the relation of a tenant to a new landlord. Therefore, "attornment" by the tenant would mean acceptance of the new owner as landlord and estopping the tenant to dispute the landlord"s title thereafter. Of course, attornment had to be in good faith and not on account of any deception caused on the tenant. Payment or non-payment to a new landlord does not affect the relationship created by attornment. "Attornment" also implies continuity of tenancy, though landlord might change when title of the property passes by sa....