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

Answer: (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

Answer 2

The correct option is (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.