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thekepat Putham Vittil Madhavan Nambiyar Vs. Attuyarath Atti Nangiyar and ors. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtChennai
Decided On
Reported in(1892)2MLJ81
Appellantthekepat Putham Vittil Madhavan Nambiyar
RespondentAttuyarath Atti Nangiyar and ors.
Excerpt:
- .....of title before suit, and therefore the plaintiff had no cause of action at the time of filing the suit.2. the cases referred, to by the appellant's vakil including s. a. no. 512 of 1890 all relate to the question whether a disclaimer of the landlord's title would preclude the necessity of proving valid notice to quit. we do not think the disclaimer in the written statement in this case can relate back to the date of institution of the suit, and thereby give plaintiff a cause of action which he did not otherwise possess.3. there is no question of notice to quit in this case, the appeal fails and is dismissed with cost.
Judgment:

1. Assuming that the rights under the demise were forfeited by the alienations made by 1st defendant, these alienations were admittedly made more than 12 years before suit, and the suit so far as it is based upon forfeiture is barred by limitation. We also observe that rent was accepted for several years after the alleged alienation. On these grounds, we think the decision of the Lower Court can be supported. It is argued for the appellant that he has a right to recover, because the 1st defendant denied his title in the written statement. It is not shown that there was any denial of title before suit, and therefore the plaintiff had no cause of action at the time of filing the suit.

2. The cases referred, to by the appellant's Vakil including S. A. No. 512 of 1890 all relate to the question whether a disclaimer of the landlord's title would preclude the necessity of proving valid notice to quit. We do not think the disclaimer in the written statement in this case can relate back to the date of institution of the suit, and thereby give plaintiff a cause of action which he did not otherwise possess.

3. There is no question of notice to quit in this case, The appeal fails and is dismissed with cost.


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