Holding

A sub‑tenant cannot voluntarily attorn to the owner and is estopped from denying the landlord’s title; the tenant remains a statutory tenant until a final decree of eviction, and eviction by title paramount is unavailable without compulsory quit and superior title.

Summary

The appellant, Vashu Deo, was a sub‑tenant of Bal Kishan who had leased a shop from the Sarvjanik Sampati Trust under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The appellant fell into rent arrears and Bal Kishan sued him for recovery of rent and eviction, while the Trust simultaneously sued Bal Kishan for unlawful sub‑letting. The appellant claimed that, because the Trust had instituted eviction proceedings against Bal Kishan, he could directly attorn to the Trust, thereby extinguishing Bal Kishan's right to claim rent and possession. The Supreme Court held that under the Rajasthan Act a tenant remains a statutory tenant until a decree of eviction is finally passed, and that a sub‑tenant cannot voluntarily attorn to the owner in place of the immediate landlord. The Court further explained that the defence of eviction by title paramount is unavailable unless the tenant is compelled to quit and the paramount holder has a superior title and a legal process that cannot be resisted. Consequently, the appellant remained bound to pay rent to Bal Kishan and could not rely on the Trust’s suit, leading to dismissal of the appeals.

Issues considered

The effect of a pending eviction suit by the owner on the rights of a tenant under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950.
Whether a sub‑tenant may directly attorn to the owner, bypassing the immediate landlord, during the continuance of the sub‑tenancy.
The applicability of the rule of estoppel (Section 116, Indian Evidence Act) between a tenant and sub‑tenant.
The availability of the defence of eviction by title paramount under Section 108(q) of the Transfer of Property Act, 1882.

Legislation cited

Indian Evidence Act, 1872s. 116
Rajasthan Premises (Control of Rent and Eviction) Act, 1950s. 13, s. 3
Transfer of Property Act, 1882s. 108(q), s. 52

Subjects

rent controlsub‑tenancystatutory tenanteviction by title paramountestoppelTransfer of Property ActIndian Evidence Actlandlord‑tenant law

Judgment

VASHU DEO A
• v.
BAL KISHAN

JANUARY 11, 2002

[R.C. LAHOTI AND BRIJESH KUMAR, JJ.] B

Transfer of Property Act, 1882-Sec. 116-Statutory tenant, who is.

Sec. 108(q)-Obligation of Sub-tenant to restore possession on
determination of tenancy-Sub-tenant must restore possession to sub-tenant, C
unless tenant is evicted by title paramount.
Rent Control & Eviction :
Landlord and Tenant-Plea of eviction by title paramount-Meaning
and availability of D
Rajasthan Premises (Control of Rent and Eviction) Act, 1950-Section
13-Suit for eviction by tenant against sub-tenant for default in payment of
rent-At the same time, suit for eviction by landlord against tenant for illegal
sub-letting-Plea of direct attornment in favour of landlord by sub-tenant on
institution of latter suit-Defence of eviction by paramount title holder- E
Availability of-Rule of Estoppel-Applicability of-Held, tenant continues
to be a tenant until a decree for eviction passed by a Court achieved
finality-On facts, defence of eviction of landlord by owner so as to exonerate
sub-tenant from liability for eviction not available to the sub-tenant-Rule
of estoppel applicable against the sub-tenant-Transfer of Property Act,
1882/lndian Evidence Act, 1872-Section JOB/Section 116. F
Respondent and appellant are tenant and sub-tenant of the suit premises
given on rent by landlord-Trust On default of payment of rent, the respondent
filed suits for recovery of arrears of rent and for eviction against the appellant
under the provisions of the Rajasthan Premises (Control of Rent and Eviction)
Act, 1950 before Civil Judge. The Trust also filed a suit for eviction against G
the respondent on the ground of unlawful sub-letting of the shop to the
appellant, which is pending. The appellant contended that subsequent to the
institution of the suit by the Trust for eviction against the respondent, the
appellant has directly attorned in favour of the Trust and that the right of the
respondent to recover rent and secure eviction against the appellant had ceased
171 H
172 SUPREME COURT REPORTS [2002) I S.C.R.

A to exist. The Civil Judge by interim order, held the tenant appellant liable to
deposit the determined rent in the Court. The Additional District Judge, on
appeal by the appellant, held that the respondent was not entitled to claim rent
and recover possession since the appellant has attorned in favour of the Trust.
In appeal by the respondent, the High Court held that the appellant could not
B directly attorn in favour of the Trust by excluding the principal tenant under
the provisions of the Act. A review sought by the appellant was also dismissed.
Hence these appeals.

Dismissing the appeals, the Court

HELD: 1.1. Under the provisions of the Rajasthan Premises (Control
C of Rent and Eviction) Act, 1950, a tenant in relation to a sub-tenant is a
landlord and the sub-tenant is a tenant in relation to the tenant who has
inducted him on the premises. Further, in spite of the tenancy having come to
an end under the provisions of the Transfer of Property Act, 1882 or by the
terms of contract, the tenant does not cease to be a tenant and continues to
D hold that status until a decree for eviction under the provisions of Rajasthan
Act has been passed against him. Where the tenancy premises are governed
by a rent control law, merely on termination of tenancy, the tenant cannot be
evicted. The tenant is entitled to continue in possession enjoying status almost
on par with a person whose contractual tenancy still subsists. He cannot be
evicted unless a ground for eviction under the relevant provision of rent
E control law is made out. He is not a tenant holding over because his tenancy
is not continuing by volition or by act of the parties. Such continuance is
attributable to the protection conferred by statute and, therefore, he is called
a statutory tenant and his tenancy a statutory tenancy. The tenancy would
determine only on a decree for eviction being passed against him.
F (176-H; 177-A-CI

Smt. Gian Devi Anand v. Jeevan Kumar & Ors., AIR (1985) SC 796;
Damadi/al & Ors. v. Parashram & Ors., AIR (1976) SC 2229 and Smt. Chander
Kali Bai & Ors. v. Jagdish Singh Thakur & Anr., AIR (1977) SC 2262, relied
OIL
G
Kewal Ram v. Mangu Mal, AIR (1974) Raj 201, referred to.

1.2. The respondent-tenant holding the premises from the Trust would
remain a tenant until the passing of a decree for eviction under Section 13 of
the Rajasthan Act in the suit filed by the Trust against the respondent. In
H spite of a threat for eviction by the Trust against the respondent, the respondent
VASHU DEO v. BAL Kl SHAN 173
is neither liable to be evicted nor his status as tenant liable to suffer adversely A
except by a judicial pronouncement and that too on having achieved a finality.
So far as the appellant sub-tenant is concerned, the title of the respondent-
tenant would not come to an end till the passing of such decree for eviction
against him. Even if the Trust has instituted a suit for eviction, the respondent-
tenant has a right to contest. (177-G-H]
B
1.3. Rule ofestoppel codified under Section 116 of the Indian Evidence
Act, 1872 between a landlord and his tenant would mutatis mutandis govern
a tenant and his sub-tenant in their relationship inter se. The estoppel
continues to operate so long as the tenant has not openly restored possession
by surrender to his landlord. The rule of estoppel ceases to have applicability C
once the tenant has been evicted. His obligation to restore possession to his
landlord is fulfilled either by actually fulfilling the obligation or by proving
his landlord's title having been extinguished by his landlord's eviction by a
paramount title holder. Eviction by para~ount title holder is a good defence
bringing to an end the obligation of the tenant to put the lessor in possession
of the property under Section 108 clause (q) of the Transfer of Property Act. D
The burden of proving eviction by title paramount lies on the party who sets
up such defence. (178-F-HJ

Currimbhoy & Co. Ltd v. L.A. Creet & Ors., AIR (1933) PC 29 and Mt.
Bi/as Kunwar v. Desraj Ranjit Singh & Ors., AIR (1915) PC 96, relied on.
E
1.4. To constitute eviction by title paramount so as to discharge the
obligation of the tenant to put his lessor into possession of the leased premises,
three conditions must be satisfied: (i) the party evicting must have a good and
present title to the property; (ii) the tenant must have quitted or directly
attorned to the paramount title holder against his will; and (iii) either the
landlord must be willing or be a consenting party to such direct attornment F
by his tenant to the paramount title holder or there must be an event, such as
a change in law or passing of decree by a competent court, which would
dispense with the need of consent or willingness on the part of the landlord
and so bind him as would.·enable the tenant handing over possession or
attorning in favour of the paramount title holder directly. In other words, the G
paramount title holder must be armed with such legal process for eviction as
cannot be lawfully resisted. The burden of raising such a plea and
substantiating the same, so as to make out a clear case of eviction by paramount
title holder, lies on the party relying on such defence. (181-D-F)

Krishna Prasad Singh v. Advanath Ghatak, ILR (1943) Patnat 513; H
174 SUPREME COURT REPORTS [2002) l S.C.R.

A Pusaram Maniklal lzardar v. Deorao Gopa/rao Mali (minor) by guardian
mother Parwati Wlo Gopalrao, AIR (1947) Nagpur 188; Radheylal v.
Ratansingh. (1977) MPLJ 335; Gajadhar Lodha v. Khas Mahatadih Colliery
Co. & Ors., AIR (1959) Patna 562 and Sain Dar v. Sant Ram, AIR (1959)
Punj 564, approved.

B 1.5. The respondent cannot be said to have been evicted by title
paramount. It cannot be said that the respondent-tenant does not have any
defence nor can he lawfully resist the suit filed by the owner Trust The plain
and simple legal position which flows is that the appellant must discharge
his statutory obligation to put his landlord, that is, the respondent in
C possession of the premises in view of the latter's entitlement to hold the tenancy
premises until his own right comes to an end and the respondent must
discharge his statutory obligation to put his own landlord, that is the Trust,
in possession of the tenancy premises on his entitlement to hold the tenancy
premises coming to an end. [182-C)

D 1.6. The plea of eviction by paramount title is not available to the appellant
for three reasons : (i) it cannot be said that the Trust is armed with a legal
process for eviction which cannot be lawfully resisted by the tenant-respondent
or to which he has no defence; (ii) the attornment by the appellant in favour
of the Trust is voluntary and not under any compulsion; and (iii) it cannot be
said that the Trust has such good and present title against the tenant-
E respondent so as to hold the appellant liable to be evicted against his will. In
view of the respondent's relationship with the Trust being one governed by
the provisions of the rent control law, his title as tenant and hence as landlord
as against the sub-tenant appellant will not come to an end unless and until
the suit for eviction filed by the Trust against the respondent is decreed and
F the decree has achieved finality. (183-E-F]

D. Satyanarayana v. P. Jagdish, AIR (1987) SC 2192, distinguished.
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5467 of 1998.

From the Judgment and Order dated 23.3.98 of the Rajasthan High
G Court in D.B.C.R.P. No. 93of1997.
WITH
C.A. No. 5468/1998.
Rajendra Singhvi and Ashok Kumar Singh for the Appellant.

H The Judgment of the Court was delivered by
y
VASHU DEO v. BAL KISHAN [R.C. LAHOTI, J.) 175

R.C. LAHOTI, J. The suit property consists of a shop. It fonns part of A
a building owned by Sarvjanik Sampati Trust (hereinafter, the 'Trust', for
short). On 1.1.1973 the shop was taken on rent by Balkishan, the plaintiff -
respondent on a monthly rent of Rs.30. On 25.12.1975 Balkishan sub-let the
shop to Vasudev, the defendant-appellant, on a monthly rent of Rs.ISO. The
suit shop is governed by the provisions of the Rajasthan Premises (Control B
of Rent and Eviction) Act, 1950 (hereinafter the 'Act', for short).

The appellant fell into arrears of rent for the period 1.1.1981 to 31.12.1982.
The respondent served a notice on the appellant and then filed a suit for
recovery of arrears of rent as also for eviction on the ground available under
clause (a) of sub-section (I) of Section 13 of the Act. On 30.3.1983, the Trust C
also filed a suit for eviction, against its own tenant- the respondent, on the
ground of unlawful sub-letting of the premises by the latter. That suit is still
pending. In any case, the result thereof is not known. So far as .the case
· ,before us is concerned, the defendant-appellant raised a dispute putting in
issue the rate of rent at which the responden._ could recover rent from the
appellant submitting that the agreed rent was in excess of the standard rent D
and hence was not recoverable. Another plea taken by the defendant-appellant
was that subsequent to the institution of suit on 30.3.1983 by the Trust
against the respondent, the appellant has on 1.4.1983 directly attorned in
favour of the Trust and entered into a direct tenancy agreement and, therefore,
w.e.f. 1.4.1983, the right of the respondent to recover rent and secure eviction E
of the appellant had come to an end. On 25. 7 .1985, the learned Civil Judge,
Bhilwara passed an .order under Section 13(3) of the Act determining
provisionally the rate of rent at which the appellant was required to deposit
rent in the Court. This order dated 25. 7 .1985 was put in issue by the appellant
by filing an appeal in the Court of Additional District Judge, Bhilwara. Vide
order dated 14.5.1992, the learned Additional District Judge allowed the appeal, F
and set aside the order of the trial Court, fonning an opinion that in view of
the appellant having attorned and entered into direct tenancy with the Trust,
the respondent was not entitled to claim rent and recover possession from
the appellant, and, therefore, the suit filed by the respondent could not be
treated as a suit for eviction: it remained only a suit for recovery of arrears G
of rent for the period upto 3 I st March, 1983. The respondent preferred a Civil
Revision Petition to the High Court which was resisted by the appellant
placing reliance on a Single bench decision of Rajasthan High Court in Kewal
Ram v. Mangu Mal, AIR (1974) Raj. 201. When the Revision Petition came
up for hearing before the learned Chief Justice of the High Court, he doubted
the correctness of the decision in Kewal Ram's case and directed the petition H
176 SUPREME COURT REPORTS (2002) I S.C.R.

A to be placed for hearing before a Division Bench. By order dated 22.8.1996,
the Division Bench has overruled the Single Bench decision in Kewal Ram's
case and held that the relations, rights and obligations of the parties were
governed by Section 13 of the Act and the sub-tenant (appellant herein)
inducted by the tenant (respondent herein) could not directly attorn in favour
B of the Trust by excluding the principal tenant, and, therefore, was bound to
comply with the order of the trial court under Section 13(3) of the Act. The
appellant sought for a review of the order of the Division Bench which has
been rejected by order dated 23.3.1998. These appeals have been filed
impugning the orders dated 22.8.1996 and 23.3.1998 passed by Division Bench
of the High Court.
c The issue arising for decision is : whether a sub-tenant inducted by a
tenant in the premises governed by the provisions of rent control law can,
during the continuance of sub-tenancy and without vacating the premises,
attorn in favour of the owner of the premises and thereby refuse to discharge
his obligations towards the tenant who admittedly inducted him in the
D premises? Strong reliance has been placed on behalf of the appellant on a
decision of this Court in D. Satyanarayana v. P. Jagdish, AIR (1987) SC 2192
to which we will advert a little later.

Reference to a few relevant provisions of Rajasthan Premises (Control
of Rent and Eviction) Act, 1950, would be appropriate. 'Landlord' is defined
E by clause (iii) of Section 3 to mean 'any person who for the time being is
receiving or is entitled to receive the rent of any premises as an agent, trustee,
guardian or receiver for any other person or who would so receive or be
entitled to receive the rent, ifthe premises were let to a tenant. The definition
specifically provides that 'Landlord' includes a tenant in relation to a sub-
tenant. Clause (iv) defines 'lease' as including a sub-lease. 'Tenant', according
F to clause (vii), means inter a/ia the person by whom or on whose account
or behalf rent is, or, but for a contract express or implied would b.:, payable
for any premises to his landlord including the person who is continuing in
possession of the premises after the termination of his tenancy otherwise
than by a decree for eviction passed under the provisions of this Act. Section
G 13 which opens with a non-obstante clause, giving it an overriding effect over
any other law or contract, enjoins a court not to pass any decree or make any
order in favour of the landlord evicting the tenant unless a case for eviction
was made out within the four comers of Section 13. The effect of a combined
reading of these several provisions is· to spell out two very relevant and
significant implications. Firstly, a tenant in relation to a sub-tenant is a
H landlord and the sub-tenant is a tenant in relation to the tenant who has
VASHU DEO v. BAL KISHAN (R.C. LAHOTI, J.] 177
inducted him on the premises. Secondly, inspite of the tenancy having come A
to an end under the provisions of the Transfer of Property Act, or by the
• terms of contract, the tenant does not cease to be a tenant and continues to
hold that status unless and until a decree for eviction under the provisions
of this Act has been passed against him. Where the tenancy premises are
governed by rent control Jaw, merely on termination of tenancy the tenant
cannot be evicted: the tenant is entitled to continue in possession enjoying B
status almost on par with a person whose contractual tenancy still subsists.
He cannot be evicted unless a ground for eviction under the relevant provision
of rent control law is made out. He is not a tenant holding over because his
tenancy is not continuing by volition or by act of the parties. Such continuance
is attributable to the protection conferred by statute and, therefore, he is C
called a statutory tenant and his tenancy a statutory tenancy (See Smt. Gian
Devi Anand v. Jeevan Kumar & Ors., AIR (1985) SC 796 and Damadilal &
Ors. v. Parashram & Ors., AIR (1976) SC 2229. The tenancy would determine
only on a decree for eviction being passed against him. In Smt. Chander Kali
Bai & Ors. v. Jagdish Singh Thakur and Anr., AIR (1977) SC 2262, this Court
has held that a person continuing in possession of the accommodation after D
the termination of his contractual tenancy is yet a tenant within the meaning
of the relevant rent control legislation and on such termination, his possession
does not become wrongful until and unless a decree for eviction is made
against him. If he continues to be in possession after the passing of the
decree then he is in wrongful occupation of the premises. In spite of the E
termination of tenancy by contract or under the general law (other than rent
control law), the tenant continues to be a tenant liable to pay rent and is not
liable to pay any damages as his occupation is not unauthorized or wrongful
until the passing of decree for eviction.

In the case at hand it is not disputed that the Rajasthan Premises Act F
applies to the suit premises. It follows that while working out relations of the
parties inter se the provisions of the Rajasthan Premises Act shall have to
be kept in view. The respondent-tenant holding the premises from the Trust
would remain a tenant until the passing of a decree for eviction on one of
the grounds contemplated by Section 13 of the Act in a suit filed by the Trust G
- the owner of the property, against the tenant-respondent. In spite ofa threat
for eviction by the Trust against the respondent, the respondent is neither
liable to be evicted nor his status as tenant liable to suffer adversely except
by a judicial pronouncement and that too on having achieved a finality. In
short, so far as the appellant sub-tenant is concerned, the title of the respondent
tenant would not co·me to an end till the passing of such decree for eviction H
y
178 SUPREME COURT REPORTS (2002] l S R.

A against him. Even ifthe Trust has instituted a suit for evictiun ~he respondent-
tenant has a right to contest. The suit may or may not be decreed. If the suit
is dismissed how can it be said that the 'threat of eviction' by the Trust had
resulted in respondent's eviction by title paramount?

We now proceed to examine whether the appellant could have directly
B attorned to the owner-Trust by-passing the respondent-tenant on 1.4.1983,
relying on the event of institution of suit for eviction by the owner Trust
against the tenant-respondent on 30.3 .1983 and whether the said event enables
successfully raising of the plea of tenant-respondent's eviction by paramount
title, bringing the obligation of the appellant sub-tenant to deliver possession
C over the tenancy premises to the respondent and to pay rent to him till that
date? Under Section l 08 clause (q) of the Transfer of Property Act, in the
absence of contract or local usage to the contrary, it is an obligation of the
tenant to put his lessor into possession of the property on the termination
of the lease. Section 116 of the Evidence Act, which codifies the common law
rule of estoppel between landlord and tenant, provides that no tenant of
D immovable property or person claiming through such tenant, shall, during the
continuance of the tenancy, be permitted to deny that the landlord of such
tenant had at the beginning of the tenancy, a title to such immovable property.
The rule of estoppel so enacted has three main features : (i) the tenant is
estopped from disputing the title of his landlord over the tenancy premises
E at the beginning of the tenancy; (ii) such estoppel continues to operate so
long as the tenancy continues and unless the tenant has surrendered
possession to the landlord; (iii) Section 116 of Evidence Act is not the whole
law of estoppel between landlord and tenant. The principles emerging from
Section 116 can be extended in their application and also suitably adapted to
suit the requirement of an individual case. Rule of estoppel which governs
F an owner of an immovable property and his tenant would also mutatis mutandis
govern a tenant and his sub-tenant in their relationship inter se. As held by
the Privy Council in Currimbhoy & Co. Ltd. v. L.A. Creel & Ors., AIR (1933)
PC 29 and Mt. Bi/as Kunwar v. Desraj Ranjit Singh and Ors., AIR (l 915) PC
96, the estoppel continues to operate so long as the tenant has not openly
G restored possession by surrender to his landlord. It follows that the rule of
estoppel ceases to have applicability once the tenant has been evicted. His
obligation to restore possession to his landlord is fulfilled either by actually
fulfilling the obligation or by proving his landlord's title having been
extinguished by his landlord's eviction by a paramount title holder. Eviction
by paramount title holder is a good defence bringing to an end the obligation
H of the tenant to put the lessor in possession of the property under Section
VASI il! DEO v. BAL KI SHAN [R.C. LAHOTI, J.) 179
l 08 (q) of the Transfer of Property Act. The burden of proving eviction by A
title paramount lies on the party who sets up such defence .
.. What is eviction by title paramount? In Krishna Prasad Singh v.
Adyanath Ghatak, !LR (1943) Patna 513, Meredith, J. speaking for the Division
Bench and on a review of judicial opinion stated the law in the following
tenns: B
"To constitute eviction by title paramount no physical dispossession
is necessary. If the true owner is armed with a legal process for
eviction, which cannot be lawfully resisted, even though the tenant
is not put out of possession the threat to put him out of possession
amounts in law to eviction. If in such circumstances the tenant openly C
and to the knowledge of his landlord attoms to the true owner the
estoppel is gone.

The attomment, however, must be under compulsion. The party
evicting must have a good and present title, and the tenant must have
quitted against his will." D
It was further held in Krishna Prasad Singh 's case (supra) that there is
all the difference between mere voluntary attomment and attomment under
compulsion; a mere voluntary attomment would not enable the tenant pleading
eviction by title paramount nor will the mere institution of a suit against the
landlord by the true owner be enough. An unexecuted decree for possession E
obtained by a thiru party does not per se operate as an eviction of the tenant
by title paramount, liberating him from the estoppel against pleading jus
tertia. This decision was followed by Bose, J. in Pusaram Manik/a/ Izardar
,- v. Deorao Gopalrao Mali (minor) by guardian mother Parwati Wlo Gopalrao,
AIR (1947) Nagpur 188. Vide para 20, Bose, J. summed up the facts in the F
following words:

"If A lets land to B and B enters into possession under the lease, B
is bound to return possession to A on the expiry of the lease and he
will not be allowed to set up the right or title of a third party C. If A
directs B to surrender possession to C that might be a different matter. G
But here there was no direct communication between A and B. What
happened was that A told C that C could enter into possession when
the lease expired but before that happened A changed his mind and
demanded possession from his lessee."

In these facts it was held that once A demanded possession from B, H
y

180 SUPREME COURT REPORTS [2002] I S.C.R.

A then B cannot be heard to say in answer to that demand that C has right
against A. A was held entitled to the decree for possession against B.
A decision by Madhya Pradesh High Court in Radheylal v. Ratansingh,
(1977) MPLJ 335 bears a close resemblance with the facts of the case at hand.
The suit premises were owned by the municipality and on 21.11.1960 taken
B on rent by the plaintiff. They were let out by the plaintiff to the defendant.
On 30.1.1963 plaintiff determined the tenancy of the defendant and demanded
arrears of rent as also the possession. On defendant's failure, the plaintiff filed
a suit. The defendant, while admitting that the suit premises were initially Jet
out to him by the plaintiff, inter alia, contended that the rules of the
municipality prohibited sub-letting of the premises and as dispute was going
C on between the plaintiff and the municipality, the defendant had applied to
the municipality for grant of lease to him of the suit premises which was
agreed to, and since the year 1962 the defendant had become tenant of the
municipality. Referring to Section 108 (q) of the Transfer of Property Act, the
Madhya Pradesh High Court held that the obligation of the tenant to hand
D over~ possession to the landlord on determination of tenancy cannot be
.escaped by the tenant contending that he has entered into a contract of
tenancy with a person who has paramount title over his landlord and by
voluntarily entering into contract with a person from whom his lessor was
holding the lease. The landlord's tenancy had not come to an end by operation
of Jaw, and therefore, in the opinion of the Madhya Pradesh High Court, the
E sub-tenant's voluntarily becoming the tenant of the municipality and that too
without the consent of the plaintiff (that is, his own landlord) could not be
set up as a defence for discharging his obligation under Section 108 (q) of
the Transfer of Property Act. Yet another reason on account of which the
defendant was held not entitled to save his possession on the basis of his
F having allegedly become the tenant of the municipality was that such
transaction had taken place during the pendency of the suit between his
landlord and himself and, therefore, it was hit by the provisions of Section
52 of the Transfer of Property Act. The defendant being in actual physical
possession of the premises was held bound to deliver possession to the
plaintiff.
G
In Gajadhar Lodha v. Khas Mahatadih Colliery Co.& Ors., AIR (1959)
Patna 562 the following statement of law from Foa's General Law of Landlord
and Tenant (Eighth Ed. p.194), has been quoted with approval by the Division
Bench "Eviction by title paramount means an eviction due to the fact that the
lessor had no title to grant the term, and the paramount title is the title
H paramount to the lessor which destroys the effect of the grant and with it the
VASHU DEO v. BAL KISHAN [R.C. LAHOTI, J.] 181
corresponding liability for payment of rent, so that mere eviction from, or a A
deprivation of the use and enjoyment of the demised premises, or part of
• them, whether such eviction be lawful or unlawful, is insufficient, where the
lessor's title is not affected or called in question." To constitute a good
defence of eviction by title paramount, three conditions must be fulfilled: (I)
The eviction must have been from something actually forming part of the B
premises demised; (2) the party evicting must have a good title superior to
that of the lessor and that of the lessee, and (3) the tenant must have quitted
against his will. In Sain Dar v. Sant Ram, AIR (1959) Punj 564 it has been
held that even if not actually evicted, if a judgment of eviction has been
passed against the tenant, he can repudiate the title of his immediate landlord.
But the mere fact of an apprehension that a suit for eviction might be brought C
by the paramount landlord does not justify denial of title of landlord and
attomment to paramount landlord. We find ourselves in agreement with the
above said judicial opinion and sum up the law as follows:

To constitute eviction by title paramount so as to discharge the obligation
of the tenant to put his lessor into possession of the leased premises three D
conditions must be satisfied: (i) the party evicting must have a good and
present title to the property; (ii) the tenant must have quitted or directly
attomed to the paramount title holder against his will; (iii) either the landlord
must be willing or be a consenting party to such direct attomment by his
tenant to the paramount title holder or there must be an event, such as a E
change in law or passing of decree by a competent court, which would
dispense with the need of consent or willingness on the part of the landlord
and so bind him as would enable the tenant handing over possession or
attoming in favour of the paramount title holder directly; or in other words,
the paramount title holder must be armed with such legal process for eviction
as cannot be lawfully resisted. The burden of raising such a plea and F
substantiating the same, so as to make out a clear case of eviction by
paramount title holder, lies on the party relying on such defence.

The appellant has on 25.12.1975, obtained the premises on rent from the
respondent and was inducted into possession by the respondent. The title G
of the respondent to lease out the suit premises and to induct the appellant
... cannot be denied or disputed by the appellant so long as his sub-tenancy
• continues and he is in possession thereunder. On 30.3.1983, the Trust instituted
a suit for eviction against the respondent and soon on 1.4.1983 the appellant
voluntarily attomed in favour of the Trust without the consent of the
respondent and without any compulsion. H
182 SUPREME COURT REPORTS [2002] l S.C.R.

A We have already stated that the respondent's tenancy in the suit premises
will not come to an end unless and until a decree for eviction on one of the
grounds available under the Rajasthan Act has been passed against him and "
termination of his tenancy upheld by a judicial verdict. Till then he would
remain a tenant of the Trust. Mere institution of a suit for eviction by the
B Trust, the owner of the property, against the respondent does not bring the
tenancy of the respondent to an end. The respondent cannot be said to have
been evicted by title paramount. It cannot be said that the respondent-tenant
does not have any defence nor can he lawfully resist the suit filed by the
owner Trust. The plain and simple legal position which flows is that the
appellant must discharge his statutory obligation to put his landlord, that is,
C the respondent in possession of the premises in view of the latter's entitlement
to hold the tenancy premises until his own right comes to an end and the
respondent must discharge his statutory obligation to put his own landlord,
that is, the Trust, in possession of the tenancy premises on his entitlement
to hold the tenancy premises coming to an end.

D We may now deal with D. Satyanarayana 's case (supra) relied on by the
learned counsel for the appellant. A suit for eviction from the demised premises
was decreed under Section 10(2) (vi) of the Andhra Pradesh Buildings (Lease,
Rent and Eviction) Control Act, 1960 which provides for eviction of a tenant
ifthe tenant has denied the title of the landlord or claimed a right of permanent
E tenancy and such denial or claim was not bona fide. The limited question
arising for decision before this Court was whether the appellant was estopped
from denying the title of the lessor under Section 116 of the Evidence Act,
1872 despite the fact that there was threat of eviction by the owner of the
demised premises by a person having title paramount so as to examine
whether such denial could be said to be bona fide or not. There was no
F dispute on facts. The statement of facts as set out in the judgment of this
Court shows that the appellant was 'constrained to attom in favour of the
original lessor'. The High Court had upheld the decree of eviction passed by
the Trial Court resting its judgment on the rule of estoppel. This Court stated
the rule of estoppel and set out the well-settled exceptions to which the
G general rule of estoppel between landlord and tenant is subject : firstly, a
tenant is not precluded from denying the derivative title of the persons
claiming through the landlord; secondly, the estoppel is restricted to the
denial of the title at the commencement of the tenancy, that is, it is open to
the tenant even without surrendering possession to show that since the date
of the tenancy, the title of the landlord came to an end or that he was evicted
H by a paramount title holder or that even though there was no actual eviction
VASHU DEO v. BAL KISHAN [R.C. LAHOTI, J.] 183
or dispossession from the property, under a threat of eviction he had attomed A
to the paramount title holder. That there was threat of eviction and as a result
of such threat the tenant attorned to the real owner was opined to be
"' sufficient to constitute eviction by title paramount, however, this Court has
emphatically stated that if the tenant gives up possession voluntarily to the
title holder, he cannot claim the benefit of this rule. The judgment of this Court B
in D. Satyanarayana 's case has to be read as laying down that in the facts
of that case the plea of the tenant that his landlord's title had come to an end
did not amount to a denial or claim which was not bona fide so as to attract
applicability of clause (vi) of sub-section (2) of Section 10 of the A.P. Buildings
Control Act. The common law rule of estoppel, as codified in Section 116 of
Evidence Act and its exceptions have been dealt with for determining the core C
issue whether the tenant denying title of landlord could be said to have done
so bona fide or not. In D. Satyanarayana 's case nowhere this Court has
examined whether the relationship between the alleged paramount title holder
and the landlord was governed by rent control law or not, nor the question
of obligation of tenant to hand over possession to his landlord under Section
108 (q) of Transfer of Property Act came up for consideration. These are the D
features which distinguish D. Satyanarayana 's case from the case before us.
In the case before us the plea of eviction by paramount title is not available
to the appellant for three reasons : firstly, it cannot be said that the Trust is
armed with a legal process for eviction which cannot be lawfully resisted by
the tenant-respondent or to which he has no defence; secondly, the attomment E
by the appellant in favour of the Trust is voluntary and not under any
compulsion; and thirdly, it cannot be said that the Trust has such good and
present title against the tenant-respondent so as to hold the appellant liable
to be evicted against his will. As already stated, and even at the risk of
repetition, it has to be emphasised that, in view of the tenant-respndent's
relationship with the Trust being one governed by the provisions of the rent F
control iaw, his title as tenant (and hence as landlord as against the sub-
tenant appellant) will not come to an end unless and until the suit for eviction
filed by the Trust against the respondent is decreed and the decree has
achieved finality.

For the foregoing reasons, the appeals are dismissed.
G

B.S. Appeals dismissed.