Summarize the following court judgment. Civil Appeal No. 2223 of 1987. From the Judgment and order dated 21.8.1986 of the Andhra Pradesh High Court in C.R.P. No. 1518 of 1985. A.K. Ganguli and A. Mariarputham for the Appellant. G. Narasimhulu for the Respondent. The Judgment of the Court was delivered by SEN	 J. This appeal by special leave brought from the judgment and order of the High Court of Andhra Pradesh dated August 21	 1986 raises a question of general importance. The High Court has upheld the judgment of the Chief Judge	 City Small Causes Court dated April 29	 1985 directing the eviction of the appellant from the demised premises under section 10(2)(vi) of the Andhra Pradesh Buildings (Lease	 Rent 148 & Eviction) Control Act	 1960. The question is whether the appellant was estopped from denying the title of the lessor under section 116 of the Evidence Act	 1872 despite the fact that there was threat of eviction by the owner of the demised premises one Krishnamurthy i.e. the person having title paramount. There is no material point of fact which is now in dispute. The demised premises which is a removable wooden cabin or kiosk located at one corner of a building belonging to one Krishnamurthy was let out on a rent of Rs. 6 per day which later was increased to Rs. 10	 by the respondent P. Jagadish	 son of the original tenant P.R.N. Upadhyaya on March 9	 1977. Admittedly	 the main premises i.e. the building was demised by Krishnamurthy to the said P.R.N. Upadhyaya in the year 1972 and in course of time he had sublet different portions of the premises to different persons. By a notice dated November 8	 1980 the head lessor Krishnamurthy served a notice of eviction on the appellant and other sub tenants alleging that there was unlawful subletting by the lessee and that he had decided to terminate the tenancy of the tenant Upadhyaya with the expiry of that month i.e. by the end of December 1980. Thereupon	 the appellant on December 4	 1980 was constrained to attorn in favour of the original lessor Krishnamurthy agreeing to pay him a rent of Rs.300 per month. Evidently	 the appellant had paid rent to the respondent upto March 31	 1980. After becoming a direct tenant under the head lessor Krishnamurthy	 the appellant stopped paying rent to the respondent w.e.f. April 1	 1980. On March 13	 1981 the respondent asserting to be the lessor commenced proceedings for eviction of the appellant from the demised premises under section 10(2)(i) and (vi) and 10(3)(b)(iii) of the Act i.e. On the ground that the appellant was in wilful default in payment of rent	 that there was denial of title on his part and for his bona fide requirement. The First Additional Rent Controller	 Hyderabad by order dated November 3	 1982 disallowed the application on the ground that the respondent not being the lessor had no locus standi to initiate the proceedings for eviction. On appeal	 the Chief Judge	 City Small Causes Court	 Hyderabad by judgment dated April 29	 1985 reversed the order of the learned Rent Controller and directed the eviction of the appellant under section 10(2)(i) and (vi) holding that the premises in question was a building within section 2(iii) of the Act and that in view of the denial of his title as well as admitted non payment of rent	 the appellant was estopped from denying the title. That decision of his has been upheld by a learned Single Judge of the High Court by the judgment under appeal. The judgment of the High Court mainly rests on the rule of estoppel. 149 The appeal must be allowed on the short ground that there being a threat of eviction by a person claiming title paramount i.e. head lessor Krishnamurthy	 the appellant was not estopped under section 116 of the Evidence Act from challenging the title and his right to maintain the eviction proceedings of the respondent P. Jagadish as the lessor. section 116 of the Evidence Act provides that 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. Possession and permission being established	 estoppel would bind the tenant during the continuance of the tenancy and until he surrenders his possession. The words "during the continuance of the tenancy" have been interpreted to mean during the continuance of the possession that was received under the tenancy in question	 and the Courts have repeatedly laid down that estoppel operates even after the termination of the tenancy so that a tenant who had been let into possession	 however	 defective it may be	 so long as he has not openly surrendered possession	 cannot dispute the title of the landlord at the commencement of the tenancy. The rule of estoppel is thus restricted not only in extent but also in time i.e. restricted to the title of the landlord and during the continuance of the tenancy; and by necessary implication	 it follows that a tenant is not estopped	 when he is under threat of eviction by the title paramount	 from contending that the landlord had no title before the tenancy commenced or that the title of the landlord has since come to an end. The rule of estoppel embodied under section 116 of the Evidence Act is that	 a tenant who has been let into possession cannot deny his landlord 's title	 however defective it may be	 so long as he has not openly restored possession by surrender to his landlord. During the continuance of the tenancy	 the tenant cannot acquire by prescription a permanent right of occupancy in derogation of the landlord 's title by mere assertion of such a right to the knowledge of the landlord. See: Bilas Kumar vs Desraj Ranjit Singh ILR (1915) 37 All 557 (PC) and Atyam Veerraju & Ors. vs Pechetti Venkanna & ors.	 [19661 1 SCR 83 1. The general rule is however subject to certain exceptions. Thus a tenant is not precluded from denying the derivative title of the persons claiming through the landlord. See: Kumar Krishna Prosad Lal Singha Deo vs Baraboni Coal Concern Limited & orS.	 Similarly	 the estoppel under section 116 of the Evidence Act is restricted to the denial of the title at the commencement of the tenancy. From this	 the exception follows	 that it is open to the tenant even without surrendering possession to show that since the date of the tenancy	 the 150 title of the landlord came to an end or that he was evicted by a A paramount title holder or that even though there was no actual eviction or dispossession from the property	 under a threat of eviction he had attorned to the paramount title holder. In order to constitute eviction by title paramount	 it has been established by decisions in England and in India	 that it is not necessary that the tenant should be dispossessed or even that there should be a suit in ejectment against him. It will be sufficient if there was threat of eviction and if the tenant as a result of such threat attorns to the real owner	 he can set up such eviction by way of defence either to an action for rent or to a suit in ejecment. If the tenant however gives up possession voluntarily to the title holder	 he cannot claim the benefit of this rule. When the tenancy has been determined by eviction by title paramount	 no question of estoppel arises under section 116 of the Evidence Act. See: Adyanath Chatak vs Krishna Prasad Singh & Anr.	 AIR (1949) PC 124. The principle must equally apply when the tenant has attorned under a threat of eviction by the title paramount and there comes into existence a new jural relationship of landlord and tenant as between them. The law is stated in 27 Halsbury 's Laws of England	 4th edn.	 para 238: "238. Eviction under title paramount. In order to constitute an eviction by a person claiming under title para mount	 it is not necessary that the tenant should be put out of possession	 or that proceedings should be brought. A threat of eviction is sufficient	 and if the tenant	 in consequence of that threat	 attorns to the claimant	 he may set this up as an eviction by way of defence to an action for rent	 subject to his proving the evictor 's title. There is no eviction	 however	 if the tenant gives up possession voluntarily. " Quite recently	 this Court in Mangat Ram & Anr. vs Sardar Meharban Singh & ors. 	 	 to which one of us was a party	 observed: "The estoppel contemplated by section 116 is restricted to the denial of title at the commencement of the tenancy and by implication it follows that a tenant is not estopped from contending that the title of the lessor has since come to an end. See also: Fida Hussain vs Fazal Hussain & Ors.	 AIR (1963) MP 232	 K.S.M. Guruswamy Nadar vs N.G. Ranganathan	 AIR (1954) Mad. 151 402	 S.A.A. Annamalai Chettiar vs Molaiyan & Ors.	 AIR (1970) Mad. 396 and Chidambara Vinayagar Devasthanam vs Duraiswamy	 ILR In the premises	 the High Court as well as the learned Chief Judge of the City Small Causes Court were clearly in error in allowing the proceedings brought by the respondent under section 10(2)(i) and (vi) of the Act by relying on the rule of estoppel embodied in section 116 of the Evidence Act. The judgment of the High Court cannot be sustained for the reason that there is no finding that the dispute as to title was not bona fide in terms of section 10(2)(i) and further inasmuch as the appellant could not be treated to be in arrears of rent since he has been paying rent to the head lessor Krishnamurthy after the attornment of the tenancy to him. The terms of section 10(2)(i) and (vi) of the Act are set out below: " 10. Eviction of tenant (2) A landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf. If the Controller	 after giving the tenant a reasonable opportunity of showing cause against the application	 is satisfied (i) that the tenant has not paid or tendered the rent due by him in respect of the building within fifteen days after the expiry of the time fixed in the agreement of tenancy with his landlord or in the absence of any such agreement	 by the last day of the month next following that for which the rent is payable	 or (vi) that the tenant has denied the title of the landlord or claimed a right of permanent tenancy and that such denial or claim was not bona fide. the Controller shall make an order directing the tenant to put the landlord in possession of the building and if the Controller is not so satisfied	 he shall make an order rejecting the application. " The High Court failed to appreciate that there could be no order of termination in terms of section 10(2)(i) unless it could be said that in the facts and circumstances of the case the dispute as to title was not bona fide. It cannot be said having regard to the fact that the appellant was under threat of eviction by the title paramount	 that the rule of estop 152 pel under section 116 of the Evidence Act applied and therefore he was not entitled to dispute the title of the respondent. Furthermore	 the appellant having on December 4	 1980 after being served with the notice of eviction attorned to the head lessor	 there came into existence a direct tenancy. It has been brought to our notice that the appellant has since that date been paying rent to his present lessor Krishnamurthy and is not in arrears of rent. The order of eviction passed by the learned Chief Judge as well as the High Court against the appellant under section 10(2)(i) and (vi) of the Act is not sustainable in law. In the result	 the appeal succeeds and is allowed. The proceedings for eviction of the appellant from the demised premises under section 10(2)(i) and (vi) and 10(3)(b)(iii) of the Andhra Pradesh Buildings (Lease	 Rent and Eviction) Control Act	 1960 are quashed. No costs. P.S.S. Appeal allowed.

The appellant was a sub tenant of the tenant respondent. The landlord served a notice of eviction on him in November	 1980 alleging that there was unlawful subletting by the respondent and that he had decided to terminate the tenancy with the expiry of that month. The appellant thereupon attorned in favour of the landlord agreeing to pay him the rent. After becoming the direct tenant	 the appellant stopped paying rent to the respondent. The respondent asserting to be the lessor commenced proceedings for eviction of the appellant under section 10(2)(i) and (vi) and section 10(3)(b)(iii) of the Andhra Pradesh Buildings (Lease	 Rent and Eviction) Act	 1960 on the ground that the appellant was in wilful default in payment of rent	 that there was denial of title on appellant 's part	 and that he required the premises bona fide for his use. F The Rent Controller disallowed the application on the ground that the respondent not being a lessor had no locus standi to initiate the proceedings for eviction. The first appellate court	 however	 directed eviction of the appellant under section 10(2)(i) and (vi)	 holding that in view of the denial of respondent 's title as well as non payment of rent	 the appellant was estopped from denying the title. The High Court having upheld this view	 the appellant appealed to this Court by special leave. Allowing the appeal	 ^ HELD: 1. There could be no order of termination in terms of section H 146 10(2)(i) of the Andhra Pradesh Buildings (Lease	 Rent and Eviction) Control Act unless it could be said that in the facts and circumstances of the case the dispute as to title was not bona fide. In the instant case	 there is no such finding by the High Court. Furthermore	 the appellant could not be treated to be in arrears of rent since he has been paying rent to the head lessor. Therefore	 the order of eviction passed against the appellant under section 10(2)(i) and (vi) of the Act is not sustainable in law. [151G; 152B] 2.1 The rule of estoppel embodied under section 116 of the Evidence Act is that a tenant who has been let into possession cannot deny his landlord 's title at the commencement of the tenancy	 however	 defective it may be	 so long as he has not openly restored possession by surrender to his landlord. During the continuance of the tenancy	 the tenant cannot acquire by prescription a permanent right of occupancy in derogation of the landlord 's title by mere assertion of such a right to the knowledge of the landlord. The words 'during the continuation of the tenancy ' occurring in section 116 of the Evidence Act mean "during the continuance of the possession that was received under the tenancy in question. " The rule of estoppel is thus restricted not only in extent but also in time	 i.e.	 restricted to the title of the landlord and during the continuance of the tenancy. [149E F; C D] 2.2 The general rule of estoppel under section 116 is	 however	 subject to certain exceptions	 in that	 a tenant is not precluded from denying the derivative title of the persons claiming through the landlord. Similarly	 such estoppel is restricted to the denial of the title at the commencement of the tenancy	 it is open to the tenant even without surrendering possession to show that since the date of tenancy the title of the landlord came to an end or that he was evicted by a paramount title holder or that even though there was no actual eviction or dispossession from the property	 under a threat of eviction he had attorned to the paramount title holder. [149G H; 150A B] 2.3 In order to constitute eviction by title paramount it is not necessary that the tenant should be dispossessed or even that there should be a suit of ejectment against him. It will be sufficient if there was threat of eviction and if the tenant as a result of such threat attorns to the real owner	 he can set up such eviction by way of defence either to an action for rent or to a suit in ejectment. If the tenant	 however	 gives up possession voluntarily to the title holder	 he cannot claim the benefit of this rule. When the tenancy has been determined by eviction by title paramount	 no question of estoppel arises under section 116 of the Evidence 147 Act. The principle must equally apply when the tenant has attorned under a threat of eviction by the title paramount and there comes into existence a new jural relationship of landlord and tenant as between them. [150B D] In the instant case	 having regard to the fact that the appellant was under threat of eviction by the title paramount	 it cannot be said that the rule of estoppel under section 116 of the Evidence Act applied and therefore	 he was not entitled to dispute the title of the respondent. Furthermore	 the appellant having	 after being served with the notice of eviction	 attorned to the head lessor	 there came into existence a direct tenancy. [151H; 152A B] Bilas Kunwar vs Desraj Ranjit Singh	 ILR (1915) All. 557 (PC); Atyam Veerraju & ors. vs Pechetti Venkanna & Ors.	 ; ; Kumar Krishna Prosad Lal Singha Deo vs Baraboni Coal Concern Limited & ors.	 ; Adyanath Ghatak vs Krishna Prasad Singh & Anr.	 AIR (1949) PC 124; 27Halsbury 's Laws of England	 4th Edn.	 pars 238; Mangat Ram & Anr. vs Sardar Meharban Singh & ors. 	 	 Fide Hussain vs Fazal Hussain & ors. 	 AIR (1963) MP 232; K.S.M. Curuswamy Nadar vs N.G. Ranganathan	 AIR (1954) Mad	 402; S.A.A. Annamalai Chettiar vs Molaiyan & ors. 	 AIR (1970) Mad. 396 and Chidambara Vinayagar Devasthanam vs Duraiswamy	 ILR 	 referred to