Single Co-Owner Cannot Terminate Tenancy for Seeking Recovery of Possession When Other Co-Owners Object- Delhi High Court [Read Order]
6 years, 8 months ago

Single Co-Owner Cannot Terminate Tenancy for Seeking Recovery of Possession When Other Co-Owners Object- Delhi High Court [Read Order]

Live Law  

“When there are various co-owners/co-landlords, only one co-owner/co-landlord cannot terminate the tenancy for seeking possession of the tenanted property and/or mesne profits”Applying the legal principle that a suit for recovery of possession was not maintainable at the instance of a co-owner alone when other co-owners object to it, the Delhi High Court has dismissed an appeal filed. “When there are various co-owners/co-landlords, only one co-owner/co-landlord cannot terminate the tenancy for seeking possession of the tenanted property and/or mesne profits” Applying the legal principle that a suit for recovery of possession was not maintainable at the instance of a co-owner alone when other co-owners object to it, the Delhi High Court has dismissed an appeal filed against dismissal of suit. Based on these observations, the High Court held that when there are various co-owners/co-landlords, only one co-owner/co-landlord cannot terminate the tenancy for seeking possession of the tenanted property and/or mesne profits. The appellant had placed reliance on Om Prakash and Another Vs. Mishri Lal represented by his legal representative Savitri Devi 5 SCC 451to argue that one coowner can file a suit for possession.

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History of this topic

Even If Tenant Acquires Share In Leasehold Property, Co-Owners Can Maintain Eviction Proceedings As Lease Continues: Kerala HC Reaffirms
2 months, 1 week ago

Even If Tenant Acquires Share In Leasehold Property, Co-Owners Can Maintain Eviction Proceedings As Lease Continues: Kerala HC Reaffirms

Live Law  

" There is no dispute as to the general legal proposition that while not all coowners need to be parties to an eviction petition, their consent is required for the co-owner initiating the action and such consent may be presumed in the absence of evidence to the contrary. As mentioned above, the law is well settled that even when the …

One Owner Out Of Co-Owners Can Seek Possession Of Entire Joint Land As Agent Of Other Co-Owners: Punjab & Haryana High Court
2 years, 7 months ago

One Owner Out Of Co-Owners Can Seek Possession Of Entire Joint Land As Agent Of Other Co-Owners: Punjab & Haryana High Court

Live Law  

Punjab and Haryana High Court recently reiterated that any one owner out of the co-owners can seek possession of the entire joint land. The bench comprising Justice Manjari Nehru Kaul further added that such co-owner can seek possession of the entire joint land on his own behalf, in his own right and as an agent of other co-owners. The court …

Claim For Recovery Of Rent Etc. From Immovable Property Used Exclusively In Trade Or Commence Is A Commercial Dispute: Delhi HC [Read Judgment]
7 years, 5 months ago

Claim For Recovery Of Rent Etc. From Immovable Property Used Exclusively In Trade Or Commence Is A Commercial Dispute: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court has clarified that a claim for recovery of rent, mesne profits, etc. relating to an immovable property which was used exclusively for trade or commerce should be treated as a commercial dispute for the purpose of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015.“…we do not think that claim for …

Claim For Recovery Of Rent Etc. From Immovable Property Used Exclusively In Trade Or Commence Is A Commercial Dispute: Delhi HC [Read Judgment]
7 years, 5 months ago

Claim For Recovery Of Rent Etc. From Immovable Property Used Exclusively In Trade Or Commence Is A Commercial Dispute: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court has clarified that a claim for recovery of rent, mesne profits, etc. relating to an immovable property which was used exclusively for trade or commerce should be treated as a commercial dispute for the purpose of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015.“…we do not think that claim for …

Co-Owner Alone Can Maintain Eviction Suit: SC [Read Judgment]
8 years ago

Co-Owner Alone Can Maintain Eviction Suit: SC [Read Judgment]

Live Law  

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 …

Co-Owner Alone Can Maintain Eviction Suit: SC [Read Judgment]
8 years ago

Co-Owner Alone Can Maintain Eviction Suit: SC [Read Judgment]

Live Law  

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 …

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