Judgement

SEN, J. :- This appeal by special leave. brought from the judgment and order of the High Court of Andhra Pradesh dated August 21, 1986 raises a question of general importance. The High Court has upheld the judgment of the Chief Judge, City Small Cause Court dated April 29, 1985 directing the eviction of the appellant from the demised premises under S. 10(2)(vi) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960. The question is whether the appellant was estopped from denying the title of the lessor under S. 116 of the Evidence Act, 1872 despite the fact that there was threat of eviction by the owner of the demised premises one Krishnamurthy i.e. the person having title paramount.

2. There is no material point of fact which is now in dispute. The demised premises which is a removable wooden cabin or kiosk located at one corner of a building belonging to one Krishnamurthy was let out on a rent of Rs. 6 per day which later was increased to Rs. 10, by the respondent P. Jagadish, son of the original tenant P.R.N. Upadhyaya on March 9, 1977. Admittedly, the main premises i.e. the building was demised by Krishnamurthy to the said P. R. N. Upadhyaya in the