The Weekly Law Reports
[1959] 2 WLR 109
[COURT OF APPEAL.]
WARNER v. SAMPSON AND ANOTHER.
[1955 W. No. 1371.]
1958 Nov. 19,
20,
24,
25;
Dec. 18.
Dec. 18.
Lord Denning, Hodson and Ormerod L.JJ.
Landlord and Tenant
— Forfeiture of lease
— Repudiation of landlord's title
— Action by landlord for possession
— General denial of statement of claim in defence
— No affirmative setting up of adverse title
— Whether general denial creates forfeiture
— Defence amended to admit landlord's title before any effective step taken by landlord to claim forfeiture
— Effect of amendment.
Practice
— Pleadings
— Action for possession
— General denial
— Whether causing forfeiture of lease.
Practice Pleadings
— Amendment
— Effect
— Retroactive
— Amendment of defence to admit landlord's title before any effective step taken by landlord to claim forfeiture
— Whether amendment effective to exclude right to forfeiture.
Practice
— Pleadings
— General traverse
— No effective distinction between denial and non-admission
— General traverse putting plaintiff to proof.