VIDYAVARDHAK SANGH COMPANY Vs. AYYAPPA SANGIRIMALLAPPA

JUDGEMENT

(1.) This action was instituted by the plaintiffs to recover possession, together with mesne profits and costs, of the land in dispute from the defendants alleging that the land belonged to the father of defendant No. 3 who agreed to look after the trees, plant new trees and pay rent equal to the essessment, and that defendant No. 3 having denied their title they were entitled to take possession without giving any notice to quit.

(2.) The learned Trial Judge found all the allegations of the plaintiffs proved, but thought that notice to quit was necessary and on that ground he dismissed the plaintiffs claim for possession.

(3.) The Appellate Judge having referred to various decisions said: From the rulings cited above it is clear that a disclaimer of the landlord's title works forfeiture. The fact that there has been a disclaimer is not disputed. I, therefore, hold that no notice to quit is necessary, in this case.