Must a person claiming to be a tenant prove the landlord, the period of tenancy and the rate of rent?
Coram: Justice R.Sakthivel
A person claiming to be a tenant must prove the landlord, the period of tenancy and the rate of rent.
Yes. A person claiming to be a tenant must prove the landlord, the period of tenancy and the rate of rent. The plaintiff did not specify under whom he was a tenant, mentioned nothing about the period of tenancy or the rate of rent, deposited no rent before the Court, produced no rental agreement with the real owner and did not examine the person alleged to have let the property to him.
Permanent injunction — Unlawful occupant — True owner — Tenancy — Proof — Adverse possession — Earlier suit — Permanent injunction — Unlawful occupant against the true owner — Held: An unlawful occupant cannot seek a permanent injunction against the true owner of the property, and the equitable relief must be refused to one who is neither a tenant nor a lawful occupant. (¶21, 23) Tenancy — Plea of tenancy — What must be proved — Held further: A person claiming to be a tenant must prove the landlord, the period of tenancy and the rate of rent; an unregistered rental agreement unsupported by proof of payment or by the lessor's evidence establishes nothing. (¶20) Adverse possession — Finding in an earlier suit — Difference in described extent — Held further: A finding of title by adverse possession in an earlier suit applies to the same property where only the described extent differs and the identity, lie and location are the same. Second Appeal dismissed. (¶19, 24)
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