Case Note & Summary
The dispute pertains to a suit tenement on the ground floor of Plot no.99/2 situated in Nazul Sheet no.33B at Khamgaon, District Buldana, which was let out to the defendant at a monthly rent of Rs.100. The plaintiff, claiming to be the landlord, filed an application before the Rent Controller, Khamgaon for permission to issue a quit notice to the tenant on the ground of bona fide requirement. The tenant opposed the application on the ground that the plaintiff was a 'benamidar' (not the real owner). Subsequently, the plaintiff filed Regular Civil Suit No.122 of 1993 for eviction of the defendant and recovery of damages. The defendant denied the plaintiff's title. The trial court dismissed the suit. The first appellate court allowed the appeal, decreeing the suit for eviction and possession, damages and mesne profits. The defendant then preferred this second appeal. The substantial question of law framed was whether the denial of the landlord's title by the tenant results in forfeiture of tenancy and whether acceptance of rent after forfeiture amounts to waiver of notice of forfeiture. The appellant argued that the denial of title was not a disclaimer but a challenge to the plaintiff's title, and that the plaintiff had waived the forfeiture by accepting rent after the notice. The respondent argued that the denial of title in the written statement amounted to forfeiture and that acceptance of rent after forfeiture did not constitute waiver. The court held that the tenant's denial of the landlord's title in the written statement, coupled with the claim that the landlord is a benamidar, constitutes a disclaimer of the landlord's title, thereby forfeiting the tenancy under Section 111(g) of the Transfer of Property Act, 1882. The court further held that the acceptance of rent after the date of forfeiture does not amount to waiver of the notice of forfeiture, as the landlord had already elected to forfeit the tenancy. The second appeal was dismissed, confirming the decree of eviction.
Headnote
A) Property Law - Forfeiture of Tenancy - Denial of Title - Section 111(g) Transfer of Property Act, 1882 - Tenant's denial of landlord's title in written statement amounts to forfeiture of tenancy - The court held that the tenant's denial of the landlord's title in the written statement, coupled with the claim that the landlord is a benamidar, constitutes a disclaimer of the landlord's title, thereby forfeiting the tenancy under Section 111(g) of the Transfer of Property Act, 1882 (Paras 3-5). B) Property Law - Waiver of Forfeiture - Acceptance of Rent - Section 112 Transfer of Property Act, 1882 - Acceptance of rent after forfeiture does not waive notice of forfeiture if the landlord had already issued a notice of forfeiture and the tenant continued in possession - The court held that the acceptance of rent after the date of forfeiture does not amount to waiver of the notice of forfeiture, as the landlord had already elected to forfeit the tenancy (Paras 5-6).
Issue of Consideration
Whether denial of landlord's title by tenant results in forfeiture of tenancy and whether acceptance of rent after forfeiture amounts to waiver of notice of forfeiture.
Final Decision
Second appeal dismissed. The judgment and order of the first appellate court decreeing the suit for eviction and possession, damages and mesne profits is confirmed.
Law Points
- Denial of landlord's title by tenant forfeits tenancy
- Notice of forfeiture is not waived by acceptance of rent after forfeiture
- Section 111(g) Transfer of Property Act
- 1882
