Law: Evidence Act (I of 1872)

Section: 116

Evidence Act (I of 1872), S. 116-Estoppel of tenant and of licensee of person in possession-A tenant cannot deny title of his landlord but position different when third person who is real` owner intervenes-Relationship of landlord and tenant comes to an end when tenant evicted by real owner or when there is even a threat of eviction by real owner--Person inducting tenant into possession of disputed property cannot, in, such case, rely on rule contained in S. 116. Ordinarily, by reason of the rule laid down in section hli6 of the Evidence Act, a tenant cannot deny the title of his landlord. But the legal position becomes very different when a third person, who is the real owner, intervenes, and, in that case, the relationship of landlord and tenant comes to an end if the tenant is evicted by this real owner. . The eviction need not be actual, but may be only symbolic. In other words, if there is notice to quit from the real owner to the tenant in occupation of the disputed property, or if there is a threat of eviction from the real owner to such tenant, then it would be a case of symbolic eviction of the tenant by the real owner, which would bring to an end the relationship of landlord and tenant which is protected by section 116 of the Evidence Act.. Ordinarily a tenant is not entitled to set up the title of a third person even though the title is that of the Government, yet he is entitled to plead that he was evicted by the true owner,, whether the true owner be the Government or a private person., and after such eviction the person, who inducted the tenant into, possession of the disputed property, cannot rely upon the rule Aztmuddin of estoppel as contained in section 116 of the Evidence Act. Mst. Bilas Kunwar v. Desraj Ranjit Singh and others A I R 1915 P C 96 ; Curr1rnbhoy & Co. Ltd. v. 1. A. Creet and others A I R 193 3 P C 29 ; Eledath Thavazhi and others v. Eliangattil Sankara Valia Rajah Avargal Styled vannslasveri Utaya Kandan Theva and another (1918) 45 I C 656 ; Vayyaprath Kunnath Valia Muhammad v. Chowakkaran Orakkatteri Savakutti Keyi and others A I R 1934 Mad. 197 ; Krishna Prasad Singh v. Adyanath Ghatak and another A I R 1944 Pat. 77 ; S.…