Co-Owner Alone Can Maintain Eviction Suit: SC [Read Judgment]
Every co-owner owns every part and every bit of the joint property along with others, the court said.The Supreme Court, in Om Prakash vs Mishri Lal, has reiterated that a co-owner can alone maintain a suit for eviction of the tenant without joining the other co-owners if such other co-owners do not object.The court made this observation in an appeal preferred against the high. Every co-owner owns every part and every bit of the joint property along with others, the court said. The Supreme Court, in Om Prakash vs Mishri Lal, has reiterated that a co-owner can alone maintain a suit for eviction of the tenant without joining the other co-owners if such other co-owners do not object. “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,” a bench comprising Justice Arun Mishra and Justice Amitava Roy said.
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