1913 (1) TMI 1

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....intiffs based their claim on an alleged forfeiture. The acts, which the plaintiffs contended constituted a forfeiture, were first, non-payment of rent and secondly, a denial of the plaintiffs' title. So far as non-payment of rent is concerned, the Court below has held, and we think rightly, that mere non-payment of rent is not in itself sufficient to work as a forfeiture of a tenant's inte....

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....e at all. They were acts which might very well have been explained by the tenants, had they been allowed an opportunity of doing so. The denial, in our opinion, ought to be an unequivocal and unambiguous denial of the plaintiffs' title. The learned Judge of this Court, however, accepted the contention that the making of the mortgage, in which the land as well as the house was mortgaged, did am....