Ganga Dutt Murarka v Kartik Chandra Das
Rule established
Forfeiture for denial of title is not automatic; lessor must elect to terminate; lease subsists until lessor acts
Facts
- Lessee denied the lessor's title in collateral proceedings
- Lessor claimed automatic forfeiture upon denial
- Question: whether forfeiture operates by itself or requires action
Issue
- Whether a lessee's denial of the lessor's title constitutes automatic forfeiture or requires positive action by the lessor.
Held
- Forfeiture is not automatic. The lessor must ELECT to terminate. Until the lessor affirmatively acts (files suit or issues termination notice), the lease subsists despite the lessee's denial.
Ratio Decidendi
Forfeiture is a right of the lessor, not a self-executing consequence. The lessor may choose to condone the denial. Unless and until the lessor exercises the right of re-entry, the lease continues on its original terms.
How to use it in an exam
Cite in forfeiture problems (S.111(g)). Key line: "Forfeiture requires the lessor's election to terminate; the lease does not end by itself upon denial."
Source
Source: AIR 1961 Supreme Court 1066
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.
Cited in study notes
Lease - Rights, Liabilities, and TerminationForfeiture for denial of title (S.111(g))