The power of judg­ment on ad­mis­sion

HT Estates - - HTESTATES -

favour of the land­lord, re­lied on the aver­ments made by the ten­ant, in its writ­ten state­ment held that the facts pointed to the ex­is­tence of a land­lord-ten­ant re­la­tion­ship.

In pass­ing the above judg­ment, the Hon’ble Court re­lied on its own judg­ment of year 1976, in the mat­ter of Sri Ram Pas­richa ver­sus Ja­gan­nath, wherein the Hon’ble Court re­lied on a re­lated propo­si­tion of law, namely ‘estop­pel’ (barred). In the said case the Hon’ble Court held that in a suit for evic­tion by a land­lord, the ten­ant is stopped from ques­tion­ing the ti­tle of the pre­vi­ous land­lord be­cause of Section 116 of the In­dian Ev­i­dence Act, 1872, where, the ten­ant was in pos­ses­sion of land as a ten­ant of a sub­se­quent land­lord.

Section 116 of the Ev­i­dence Act, pos­tu­lates the prin­ci­ple, that no ten­ant dur­ing the pen­dency of the ten­ancy can be per­mit­ted to deny that the land­lord had ti­tle, at the be­gin­ning of the ten­ancy. I must cau­tion the reader that this is a com­pli­cated prin­ci­ple of law and needs to be ex­plained in greater de­tail through a com­plete ar­ti­cle on Section 116 of the Ev­i­dence Act.


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