A lessee in possession disclaimed the title of the landlord with the result that the lease was forfe...........

Civil Procedure Code (CPC) 1908 Judgment and Decree

A lessee in possession disclaimed the title of the landlord, with the result that the lease was forfeited. Then the landlord filed a suit for arrears of premium and obtained a decree. Then he filed a suit to eject the lessee.

The suit is not barred

The suit is barred

either (A) or (B)

None of these

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Explanation:

- When a lessee disclaims the title of the landlord, the lease is forfeited. The landlord can then seek remedies such as suing for arrears or for possession.

- If the landlord files a suit for arrears and obtains a decree, that action focuses on recovering the past due payments only, not possession.

- Filing a subsequent suit to eject the lessee (recover possession) is a separate cause of action and is generally not barred merely because the arrears suit was filed or decreed.

- The two suits—one for arrears, one for ejectment—are distinct. Therefore, the suit for ejectment is not barred by the prior decree for arrears of premium.

Option 1: The suit is not barred is correct.