(1958) JELR 80285 (CA)    
Court of Appeal  ·  [1955 W. No. 1371] ·  18 Dec 1958 ·  United Kingdom
Core Terms Beta
kisch v
brothers ltd.
denial of title
present case
matter of record
ashworth j.
landlord’s title
medieval law
decision of farwell j.
kisch’s case
plea of possession
administration of estates act
co. ltd.
effect of a traverse
first defendant sampson
general traverse
joint tenants
kisch’s case34
old books
setting up of an adverse title
term of years
behalf of the tenant
branch of the law of landlord
categories of case
cause of action
colonial land association ltd. v
comprehensive denial
denial of title leads
first reply
following reasons
hold of the said lord
interest of his lessor
issue of the writ
judges of the supreme court
landlord of the necessity
lord evershed m.r.
matter of law
positive claim of possession
said justices
said lord
setting up of an adverse claim
specific denials of specific allegations
technical ground
t. m. fairclough
tortious act
view of rule

[LORD DENNING. I have often wondered whether, in view of rule 17, the comprehensive denial was of any use; but it has been sanctioned by long practice.]

It is put in at the end to catch anything which may have slipped through the net on specific denials of specific allegations. Here the pleader caught what he never intended to catch; but this denial is not so strong as that in Kisch v. Hawes Brothers Ltd., 6 which set up a positive claim of possession.

The doctrine that denial of title leads to forfeiture originated in the medieval law and forms of pleading and tenure when a lord might have difficulty in proving his title to land, but there is no case, even in the old books, in which a denial per se without any setting up of an adverse title worked a forfeiture until the decision of Farwell J. in Kisch’s case.6

[ Scarman, for the landlord, referred the court to Dicksey v. Spencer. 7]

The fact that one has to go back to 1587 shows that this branch of the law of landlord and tenant is now a…

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