Deen v. Rauf – sllr 2002 volume 2 page 006

In the case between the plaintiff-respondent (the widow and donee of a deed of gift from the late J. M. Rauf) and the defendant-appellant (a tenant/occupier), the court considered whether the tenant’s remittance of cheques and money orders crossed “not negotiable” and made payable to the deceased husband constituted a repudiation of the tenancy contract. The primary issue examined was whether such acts reflected a deliberate refusal to recognize the new landlord’s title and obligation to attorn and pay rent accordingly, or whether they were attributable to a mistake regarding the proper payee. The court held that the defendant-appellant’s conduct, in the circumstances and supported by the history of relations between the parties, amounted to a repudiation of the contract of tenancy. This d