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SUPREME COURT OF INDIA

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PETITIONER:

SUBHASH CHANDRA

Vs.

RESPONDENT:

MOHAMMAD SHARIT AND ORS.

DATE OF JUDGMENT19/12/1989

BENCH:

SHARMA, L.M. (J)

BENCH:

SHARMA, L.M. (J)

RAMASWAMI, V. (J) II

CITATION:

1990 AIR 636 1989 SCR Supl. (2) 534

1990 SCC (1) 252 JT 1989 Supl. 401

1989 SCALE (2)1374

ACT:

Indian Evidence Act, 1872: Section 116--Doctrine of

estoppel-Tenant’s denial of landlord’s title--Permissibility

of--Title derived by subsequent landlord can be challenged

but title of original landlord cannot be challenged.

M.P. Accommodation Control Act, 1961: Section 12--Evic-

tion--Plea of estoppel by tenant--Permissibility of.

HEADNOTE:

The respondents claimed to be the owners of the suit

property by virtue of a registered sale deed in their favour

by one Navinchand, who had purchased the property from his

predecessor-in-interest Smt. Raj Rani on 11.8.1952. The

appellant’s father Misri Lal was her tenant.

In 1959 a suit was filed by Navinchand for eviction of

Misri Lal, which was resisted by the tenant on the ground

that Smt. Raj Rani had earlier transferred the house to a

Tru