Eviction of a tenant can be maintained by one of the co-owners

 Supreme Court  in the case of Om Prakash & Anr. v. Mishri Lal (Dead)
Represented by his Lr. Savitri Devi [Civil Appeal No.4309 of 2017], it was held that
“a suit for eviction of a tenant can be maintained by one of the co-owners and it
would be no defence to the tenant to question the maintainability of the suit on the
ground that the other co-owners were not joined as parties to the suit. The judicially
propounded proposition is that when the property forming the subject matter of
eviction proceedings is owned by several co-owners, every co-owner owns every
part and every bit of the joint property along with others and thus it cannot be said
that he is only a part owner or a fractional owner of the property and that he can
alone maintain a suit for eviction of the tenant without joining the other co-owners if
such other co-owners do not object.” [On 21st March, 2017]

Next Post

Unless the Magistrate is satisfied that there is sufficient ground for proceeding with the complaint or sufficient material to justify the issue of process, he should not pass the order of issue of process.

Sun May 27 , 2018
Supreme Court in the case of K. Sitaram & Anr. v. CFL Capital Financial Service Ltd. & Anr. [Criminal Appeal No.2285 of 2011], it was held that “when a person files a complaint and supports it on oath, rendering himself liable to prosecution and imprisonment if it is false, he is entitled to be believed unless there is some apparent […]

You May Like

Recent Updates

%d bloggers like this: