Question

Apply the given legal principles to the facts provided in the following of the question and select the most appropriate answer.
Principle : No tenant of immovable property 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.
Facts : Aishwarya rented a flat from Nidhi for 2 years. She signed a rent agreement and regularly paid the monthly rent to Nidhi for 6 months. In the seventh month, Ashish approached Aishwarya and told her that he is the real owner of the property and that Nidhi is defrauding Aishwarya as well as Ashish. Ashish showed Aishwarya the original property papers which showed him to be the real owner. Satisfied that the papers were genuine and that Ashish is the actual owner, Aishwarya stopped paying the rent to Nidhi and started paying the same to Ashish. Nidhi filed a suit against Aishwarya for the recovery of rent arrears. Aishwarya took the defence that Nidhi was never the real owner of the flat and that she will pay the rent to the real owner i.e. Ashish. Decide.

• A. Aishwarya should pay the rent to Nidhi since she took the property on rent from Nidhi and now she cannot deny Nidhi’s title over the property
• B. Aishwarya has checked the property papers herself and it is clear to her that Ashish is the actual owner. Thus, she can deny Nidhi’s title and should pay the rent to Ashish
• C. Aishwarya should deposit the money in court and let the court decide who to give the money to
• D. A disputed property should never be given on rent until the dispute is resolved

Answer 1

The Correct Option is A

In this case, we are required to analyze the situation using the legal principle provided: "No tenant of immovable property 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."

Let's break down the situation:

1. Initial Agreement: Aishwarya rented a flat from Nidhi with a signed agreement and began paying rent promptly for six months.
2. Interference: Ashish claims to be the true owner of the property, presenting original property papers as evidence. Based on this, Aishwarya stops paying Nidhi and starts paying Ashish.
3. Legal Principle Application: The principle asserts that a tenant cannot deny the landlord's title during the tenancy period in which they initially accepted the landlord's title.

Based on the principle, despite the new information presented by Ashish, Aishwarya is legally bound by her initial agreement with Nidhi. Therefore, she cannot refute Nidhi's title or claim based on Ashish's assertion during her tenancy.

Analyzing the options:

• Aishwarya should pay the rent to Nidhi since she took the property on rent from Nidhi and now she cannot deny Nidhi’s title over the property
• Aishwarya has checked the property papers herself and it is clear to her that Ashish is the actual owner. Thus, she can deny Nidhi’s title and should pay the rent to Ashish
• Aishwarya should deposit the money in court and let the court decide who to give the money to
• A disputed property should never be given on rent until the dispute is resolved

The most appropriate answer is: Aishwarya should pay the rent to Nidhi since she took the property on rent from Nidhi and now she cannot deny Nidhi’s title over the property. This follows from the legal principle that a tenant cannot challenge the landlord’s title to the property during the term of the tenancy.