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1917 Supreme(Mad) 447

S.AIYAR
Avaran Marakarakath – Appellant
Versus
Pulikkalakath Puthiakath – Respondent


JUDGMENT

Seshagiri Aiyar, J.

1. This is a suit for ejectment by a landlord on the ground that the tenant had forfeited his right by his denying the title of the plaintiff. The District Munsif held that the act complained of did amount to a disclaimer of the landlords title and decreed possession. On appeal the Subordinate Judge agreed with the District Munsif that there was a disclaimer but held that as the lease was granted for the lifetime of the lessee, the disclaimer had not the effect of putting an end to the tenancy and that the suit was premature. He dismissed the suit upon that ground.

2. There are two questions for consideration in this Second Appeal. The first is, was there a disclaimer of title, secondly, whether the tenant has not forfeited the tenancy as the lease was for the lifetime of the tenant although he did deny the landlords title. I shall dispose of the second point first.

3. The cases quoted by the Subordinate Judge have not much bearing upon this second question. I fail to see why the denial of title during the continuance of the period of tenancy should not work a forfeiture of the right. The Transfer of Property Act no doubt has no application in terms to this










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