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]
