Sarita mischievously takes possession of Namrata's land. Sarita gives it on rent to Sanjay for a fixed…
Sarita is entitled to eviction as against Sanjay on the stated facts. Having received possession from her as tenant, he cannot defeat her claim merely by denying that she…
Choose your answer
Sarita mischievously takes possession of Namrata's land. Sarita gives it on rent to Sanjay for a fixed period of time. After the expiry of the lease, Sanjay refuses to hand over vacant possession of the property to Sarita. Thereafter, Sarita files a suit for Eviction, which is resisted by Sanjay only on the ground that Sarita is not the owner of the property. Which of the following consequences are to follow?
Answer and explanation
Correct answer A
Sarita is entitled to eviction as against Sanjay on the stated facts. Having received possession from her as tenant, he cannot defeat her claim merely by denying that she owned the land when the tenancy began. This tenant estoppel does not make Sarita the true owner or extinguish Namrata’s independent rights.
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