Judgement

Law. Rep. 52 Ind. App. 178 ( 1924- 1925)

A. H. Forbes V. L. E. Ralli 2

Appeal (No. 5 of 1924) from a decree of the High Court in its appellate jurisdiction (May 17, 1922) reversing a decree made by Ross J. (July 19, 1921) in a second appeal.

The appellant sued the respondent in the Munsif s Court to eject them after notice from a plot of land which they occupied under an agreement for a lease made in 1894.

The defences substantially relied on in the suit were (1.) that the letting in 1894 was a permanent one; (2.) that by reason of certain representations made during the currency of the tenancy the appellant was estopped from denying that it was permanent.

The facts are fully stated in the judgment of the Judicial Committee.

The suit was dismissed by the Munsif, and that decision was affirmed on appeal to the District Judge. Upon a second appeal, Ross J. made a decree for ejectment. He held that the lease of 1894 upon its true construction was merely a yearly letting; also that no estoppel arose. Upon a further appeal to the appellate jurisdiction the decree of Ross J. was reversed and the suit dismissed. The learned judges (Dawson Miller C.J. and Mullick J.) agreed with