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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
ROHIT W. JOSHI
Anandrao Babasaheb Awaghad (Dead) through his LRs. Sanjay – Appellant
Versus
Durgashankar S/o Ghanshyam Agrawal – Respondent
JUDGMENT :
ROHIT W. JOSHI, J.
1. Heard finally with the consent of learned Advocates for the respective parties.
2. The present Second Appeal is filed by the original defendant challenging decree for eviction passed against him, which is in turn confirmed by the learned First Appellate Court by dismissing the First Appeal preferred by him.
3. The present Second Appeal is filed challenging the said concurrent decrees for eviction. One Mahadev Prasad was owner of a building in which the suit property is situated. This Mahadev Prasad had bequeathed the suit property to one Premshankar, who in turn sold the suit property to the plaintiff/respondent vide registered Sale deed dated 08.09.1992, registered on 29.09.1992. The plaintiff claimed ownership over the suit property on the basis of the said sale deed.
4. The defendant/tenant had issued a notice/letter dated 15.09.1992 to Premshankar Trivedi, vendor of the plaintiff, inter alia claiming that the original owner Mahadev Prasad had prior to his demise expressed his intention to give the suit property to him. It is stated that after the demise of original owner Mahadev Prasad, the defendant was paying municipal taxes and was in peaceful set
A tenant forfeits tenancy rights by disputing the true owner's title. Acceptance of rent post-forfeiture does not constitute waiver of the right to evict.
A tenant cannot challenge the ownership of the landlord while concurrently asserting adverse possession; such defenses are mutually exclusive under established legal principles.
Acceptance of rent by a landlord after the issuance of a quit notice does not amount to a waiver of the notice or a renewal of the lease unless there is express or implied consent from the landlord.
The main legal point established in the judgment is that objections to the validity of a notice of termination of tenancy must be specifically pleaded in the written statement to avoid waiver. Additi....
A valid notice to quit under Section 106 of the Transfer of Property Act is mandatory to terminate a tenancy, regardless of original lease terms dispensing with such notice.
Tenant's claim of proprietorship firm tenancy instead of individual does not forfeit lease under Section 111(g)(2) TPA, as firm is not separate from proprietor and no adverse title set up.
Landlord can obtain possession of premises upon clear admissions about tenancy relations and formal lease termination, regardless of tenant's claims of extensions based on rent acceptance.
The statutory tenant retains rights against eviction despite termination of a contractual tenancy without a court order, as established in prior Supreme Court rulings that override lower court interp....
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