Supreme Court: Eviction suit can be maintained by a joint owner solely
A division bench of Justices Arun Mishra and Amitava Roy in ‘Om Prakash vs Mishri Lal (Deceased)’ held that a joint owner of property is entitled to maintain on sole basis a suit for the eviction of the tenant, without joining the other joint owners provided no objections are raised by the joint owners. The bench while dismissing the high court order which had rejected their application on the basis of a judgment of the Rent Control Authority that had had disallowed the petitioner’s position as that of the land owner.
The court observed “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,”.
The bench ruled that since the petitioners were the legal heirs of the original land owner, their status as land owner’s under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for the purpose of eviction of tenant cannot be challenged on the grounds of maintainability. Thus the court dismissed the order of the high court.
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