કબજો પરત મળવાનાં દાવામાં ભાડુઆત જે વ્યક્તિને મકાનમાલિક તેરીકે સ્વીકાર કરે ત્યારબાદ તેનાં ટાઈટલ અંગે તકરાર લઈ શકે નહીં.

રીલેટેડ પેરેગ્રાફ :

Evidence Act (1 of 1872), S.116.

Defendant/tenant filed a suit for declaration of tenancy in the year 1986 against this plaintiff accepting him as the landlord and after accepting him as landlord the tenant cannot dispute the title of the landlord under Section 116 of the Evidence Act which is clear on the subject. In this regard the decision of the Hon’ble Apex Court reported in AIR 1976 SC 2335, Sri Ram Pasricha v. Jagannath can be relied on where it has been observed that in view of the provisions of Section 116 of the Evidence Act after accepting the landlord and tendering rent to him in a suit for eviction the tenant is estopped from questioning the title of landlord. In the instant case this tenant accepted the plaintiff as landlord filed a suit against him in 1986 tendering rent to this plaintiff and now he cannot challenge the title of the landlord.(para-23)