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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
ROHIT W.JOSHI
Jusbedabi wd/o Mohammad Siddique (since deceased) – Appellant
Versus
Iqbal, S/o Haji Kasam – Respondent
| Table of Content |
|---|
| 1. second appeal from reversal of possession suit dismissal. (Para 1 , 2 , 3) |
| 2. dispute over tenant: siddique or rafique kirana stores. (Para 4 , 5 , 6) |
| 3. lower courts conflict on tenant identity and forfeiture. (Para 7 , 8) |
| 4. proprietor claiming firm tenancy not renunciation under 111(g). (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. no disclaimer of landlord; cited case inapplicable. (Para 17 , 18 , 19 , 20) |
| 6. no surrender or forfeiture; findings perverse. (Para 21 , 22 , 23) |
| 7. appeal allowed; trial court decree restored. (Para 24 , 25) |
JUDGMENT :
ROHIT W. JOSHI, J.
(1) Heard finally with the consent of the learned counsel appearing for the parties forthwith.
(2) The present appeal arises out of judgment and decree dated 20/11/2012 passed by the learned Adhoc District Judge-2 Amravati in R.C.A.No.154/2007, whereby the learned appellate Court has reversed the judgment and decree dated 21/07/2007 passed by the learned Civil Judge, Junior Division, Chandur Railway in R.C.S.No.33/2004 by which the learned trial Court had dismissed the suit filed by the respondent/original plaintiff to the extent of prayer for recovery of possession and has merely granted a decree for reco
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.
A tenant cannot challenge the ownership of the landlord while concurrently asserting adverse possession; such defenses are mutually exclusive under established legal principles.
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.
The tenancy rights of a statutory tenant, whose contractual tenancy has been terminated but whose possession is protected by the Bombay Rent Act, are not property that vests in the Official Assignee ....
The acceptance of rent after lease termination does not create a new tenancy; the tenant's status becomes that of a trespasser, not a statutory tenant.
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