Transfer of Property Act, 1882–Sec. 106–Summary suit on the original side of High Court for eviction and arrears–Decreed–Division Bench set aside the order and granted the unconditional leave to defend to suit to the respondent and remanded the suit for it’s trial on merits–Justification–Respondents were attorned to the appellant and they accepted his ownership over the suit premises as they did not send the reply of quit notice, they expressed the willing to pay rent to appellant by certain letters and also admitted the ownership of appellant in other suit–Their conduct disentitles them to now raise a new plea questing the title of the appellant over the suit premises and a plea
of attornment–View taken by Division Bench cannot be held correct.
