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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 :
(1) Heard finally with the consent of the learned counsel appearing for the parties forthwith.
(3) Vide order dated 20/01/2014 following substantial questions of law were framed in the present appeal :-
(2) Whether relief under Section 111(g)(2) of the Transfer of Property Act for forfeiting tenancy in favour of Mohammad Siddique was available to the landlord in this case against the appellants ?
(4) Whether first appellate Court rightly granted damages and also rightly ordered mesne profit payable by the appellants to the owner of the suit premises ?
(5) The defendants filed written statement opposing the contention that the
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.
The case established the importance of evidence in establishing the relationship of landlord and tenant, and the liability for non-payment of rent under the Bihar Building (Lease, Rent & Eviction) Co....
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