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Kishan Kumar vs. Suresh Kumar (Since Deceased) Through Lrs.

Regular Second Appeal · 2026:DHC:7796Decided 8 Sept 2026New Delhi Bench
RSA 164/2026CNR: DLHC010422432026
Justice Neena Bansal Krishna

Background

The appellant had been a tenant in a DDA flat since 1995 and later claimed he had agreed to buy the property from the original owner in 2003, though his own suit for enforcement of that sale agreement was ultimately dismissed as time-barred. Meanwhile, the original owner sold the property through a chain of documents (agreement to sell, GPA, and will) to the respondent, who then sued the appellant for possession as the new owner, and the appellate court below decreed the suit in the respondent's favour.

Decision Breakdown

The High Court held that although GPA/agreement-to-sell documents don't transfer full legal ownership, the respondent had still acquired a better right than the tenant, who was legally required to formally attorn (acknowledge) the new landlord: a step Indian law doesn't actually require for a landlord to sue for eviction. Crucially, by claiming ownership for himself and denying the landlord's title over the years, the tenant had "forfeited" his tenancy status altogether under Section 111(g) of the Transfer of Property Act, becoming an unauthorised occupant with no protection under rent law, so the appeal was dismissed.

Lesson Learnt

A tenant who denies the landlord's ownership and asserts he is the true owner takes a serious legal risk: if that ownership claim fails, the tenant can lose even the protection of being a tenant and become liable to eviction as an unauthorised occupant.

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