M. N. VENKATACHALIAH, R. S. PATHAK, S. NATARAJAN
Tej Bhan Madan – Appellant
Versus
Additional District Judge – Respondent
Judgment
VENKATACHALIAH, J. :- This appeal, by special leave, by the tenant arises out of and is directed against the judgment dated 10-7-1980 of the Allahabad High Court in Civil Misc. Writ Petition No. 5661 of 1979 (reported in AIR 1980 All 320) rejecting the appellants challenge to the decrees of ejectment granted in favour of the third respondent-landlord on the ground that there was a denial of the title of the landlord within the meaning, and for purposes, of S. 3(l)(f) of the Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1947 (Act III of 1947).
The appeal raises a short question whether, in the circumstances of the case, there was a disclaimer on the part of the appellant of the landlords title, so as to incur forfeiture of the tenancy.
2. The necessary and material facts may briefly be stated :
The premises in question, i.e. No. 7/3, Shambhoo Barracks, Allahabad, originally belonged to a certain Shambhoo Lal Jain. Shamboolal died in the year 1943 leaving behind him his widow Rajul Devi; his two sons, Dayachand and Dhoomchand; and a daughter Mainavati. Dayachand, it is stated, went away in adoption to the family of one Banvarilal, a brother of Shamboolal. Pursuant
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