Transfer of Property Act, 1882–Secs. 106 & 107–Code of Civil Procedure, 1908–Order 8, Rules 3 & 5–Suit for possession and mesne profit–Decreed–Relationship of land-lord and tenant was clearly admitted in a written statement–Tenancy was terminated after service of notice u/s. 106 of T.P. Act–Challenge to the title of plaintiff qua the suit property was based on the document anterior to the commencement of the tenancy to the landlord’s title on the date of commencement of the tenancy–Sec. 116 of T.P. Act estoppels the tenant from challenging the title of land-lord–Held, trial Court rightly decreed the suit–Impugned order of High Court deserves to be set aside.


