Part 9Rights of persons acquiring etc. in good faith
Leases
89Acquisition from representative of assigner without valid title
1
Section 88 also applies where a person (“P”), who is not entered in the title sheet as tenant but who would have power to assign the lease—
a
were A the tenant, or
b
(where A has died) had A been the tenant,
purports to assign it.
2
For the purposes of section 88, possession of the subjects of the lease by P is to be treated as if it were possession of the subjects by A.