AIR 1915 MADRAS 717 ::(1914) 1 Mad LW(136) 858 ::1914 (1) Mad LW 858

Madras High Court

Hon'ble Judge(s): Wallis, Seshagiri Aiyar , JJ

(A) Transfer of Property Act (4 of 1882) , S.108(a)— Covenant for quiet enjoyment is not broken by disturbance by trespasser. A covenant for quiet enjoyment, as between lessor and lessee, even in its more extended form, is only a covenant against disturbance by somebody claiming under a lawful title, and does not extend to disturbance by trespasser. (B) Transfer of Property Act (4 of 1882) , S.108(c)— S. 108 (cc applies to agricultural leases on ground of equity, justice, etc. Section 108 (c), T. P. Act, though made inapplicable to agricultural leases, can still be made applicable to such leases, as embodying the rules of equity justice and good conscience. (C) Transfer of Property Act (4 of 1882) , S.108(a)— Trespasser instigated by lessors- Crops harvested by trespassers taken delivery by lessor-There is breach of covenant for peaceful enjoyment. Where a trespasser, acting under instructions from the lessors themselves, interferes with the peaceful enjoyment by the lessees and harvests crops on the land and the lessors themsalves accept delivery of such crops from him, there is a clear breach of the covenant for quiet enjoyment, and the lessors are not ent....