BRIJ KISHORE Vs. MUSHTARI KHATOON

JUDGEMENT

(1.) THESE are two connected second appeals arising out of two suits filed by Smt. Mushtari Khatoon the plaintiff appellant in Second Appeal No. 3009 of 72 and the plaintiff respondent in Second Appeal No. 119 of 72. It appears that there were two shops in a building which were leased out to two persons. Ishtiaq Ahmad the defendant respondent in Second Appeal No. 3009 of 72 is the tenant of one shop and Brij Kishore the defendant appellant in Second Appeal No. 119 of 72 is the tenant of the other shop. The plaintiff Smt. Muslitari Khatoon had given notices to the two tenants to vacate the premises temporarily for a short period so that the shops may be reconstructed as they appeared to be in a damaged condition requiring repair, and alteration and reconstruction of the same. On the notices issued the two tenants filed two injunction suits restraining Smt. Musbtari Khatoon from demolishing the property or taking any steps to reconstruct the same. Suit No. 417 of 68 was filed by Ishtiaq Ahmad while Suit No. 418 of 68 was filed by Brij Kishore. In the plaint of these two suits Ishtiaq Ahmad and Brij Kishore stated inter alia that the property in dispute was actually purchased by the husband and the sons of Smt. Mushtari Khatoon though in her name and they were the real owners, but since the sale deed was in the name of Smt. Mushtari Khatoon the rent was being paid to her and she was issuing receipts to them. On this allegation in the plaint Smt. Mushtari Khatoon issued a notice terminating the tenancy of the two tenants on the ground that they had denied her title and forfeited their tenancy. This notice was given to both the tenants on 14-11-1968. The tenants replied to the notice immediately thereafter stating that they never denied the plaintiff's title or renounced their character as her tenants. The reply is Exh. A12. They sent two months rent to Smt. Mushtari Khatoon thereafter by a money order treating her as their landlady. The money order was refused. The tenants thereafter deposited the rent under Sec.7-C of the U. P. Temporary Control of Rent and Eviction Act in the name of the landlady Smt. Mushtari Khatoon. These deposits are evidenced by Exts. A1 to A11. The tenants thereafter moved an application for amendment of the plaint to the effect that Smt. Mushtari Khatoon was the owner of the property in dispute and the allegations which in her opinion cast a doubt on her title may be deleted, learned Munsif allowed the amendment. The amended plaint was to the following effect:-

(2.) THE suits giving rise to the instant appeals were filed prior to the amendment of the plaint on the basis of the allegations made in Suit Nos. 417 and 418 of 1968 that the sale deed in the name of Smt. Mushtari Khatoon was benami and the real owners were her husband and her sons. The ejectment of the tenants was claimed on the ground of forfeiture of their tenancy by the denial of the title of the landlady.

(3.) THE main question involved in the two appeals is whether the defendants had forfeited their tenancy by a denial of the title of the landlady. Sri K.C. Saksena learned counsel for the defendants in the two suits has urged that the tenants had never denied the landlady's title. They had only given their impression about the sale transaction; but they had always been paying the rent to the landlady and had never renounced their character as her tenants or disclaimed her as their landlady. Forfeiture of tenancy by denial of title has to be in clear and unequivocal terms. See Mohammad Amir Ahmad Khan v. Municipal Board Sitapur (AIR 1965 SC 1923), Ram Das v. Lachman Janki (1961 All LJ 644). It was held in the second case cited that forfeiture of tenancy by denial of title is governed by following principles:-