Delhi High Court Dismisses Second Appeal, Holds Tenant Forfeited Lease by Repudiating Landlord's Title

Case Snapshot

Case Name: Mohd. Mahboob v. Mst. Arshi Qureshi & Anr.

Citation / Neutral Citation: CNR No. DLHC010321222026

High Court: High Court of Delhi

Bench: Hon'ble Ms. Justice Neena Bansal Krishna

Date of Judgment: 7th September, 2026

Area of Law: Property Law, Transfer of Property Act, Tenancy, Forfeiture, Second Appeal

Judgment Headline

Tenant forfeits lease by denying landlord's title; eviction decree upheld.

The Judgment in One Line

Delhi High Court dismisses second appeal, holding tenant who repudiated landlord's title and claimed ownership forfeited lease under Section 111(g) of Transfer of Property Act.

Why This Judgment Matters

This judgment clarifies that a tenant cannot "approbate and reprobate"—once they unequivocally deny the landlord's title and claim ownership, the lease stands forfeited under Section 111(g) of the Transfer of Property Act. The ruling establishes that the principle "once a tenant, always a tenant" applies only where there is ambiguity about the tenancy, not where the tenant has made a clear and unequivocal assertion of ownership. The judgment also reinforces that a tenant who repudiates the landlord's title cannot later seek protection under rent control or slum area laws.

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