Pages

▼
Showing posts with label co-owners. Show all posts
Showing posts with label co-owners. Show all posts
Wednesday, 14 December 2022

Whether S 4 of Partition Act is applicable if there is partition but property is yet to be divided by metes and bounds?

›
 In H. Vasudeva Pai v. Kamarunnisa, 2011 (15) SCC 768, the issue of applicability of Section 4 has again been examined at length to hold tha...

What is basic concept of ouster of a co-owner?

›
  ' Ouster' does not mean actual driving out of the co-sharer from the property. It will, however, not be complete unless it is coup...
Monday, 31 August 2020

Whether a tenant can deny the title of the landlord if the landlord has constructed a tenanted structure on leasehold land of government?

›
1)Tenant has contended that the landlord was not the 'owner' of the subject premises, since it is leasehold property, with the D...
Sunday, 5 July 2020

Delhi HC: Tests to determine when a deed can be treated as release deed or relinquishment deed

›
From a reading of the above judgments, the test to determine whether an instrument can be considered as a Release/Relinquishment Deed ca...
Friday, 1 May 2020

Whether court can presume that there was partition if one co-owner is in possession of part of property for long time?

›
  The second plea relates to the fact that there has been demarcation of the shares and the parties have been occupying their respective d...
Sunday, 16 February 2020

Whether court can grant eviction decree to one co-owner if other other co-owner has sold his share in rented premises to tenant?

›
 There is no dispute that the plaintiff had filed the suit against the defendant nos. 1(b) to 1(e) and defendant nos. 2(a) and 2(b). The p...
Sunday, 19 January 2020

Whether it is mandatory to implead karta of HUF in eviction suit filed by co-owner of tenanted property?

›
  This, however, does not imply that for want of impleadment of Karta, in the peculiar facts of the case, the suit is liable to be dis...
Saturday, 11 January 2020

Whether suit for injunction by co-owner for restraining construction is maintainable without claiming partition?

›
Once in possession, only remedy for the respondent would have been to file a suit for partition other than a simplicitor suit for an injun...
Sunday, 5 January 2020

Whether suit for declaration is maintainable without claiming possession even if plaintiff is not in possession of suit property?

›
 He further submits that plaintiffs are not in possession of the suit property therefore, the suit merely for declaration is not maint...
Sunday, 22 December 2019

Whether share holder of company can be treated as co-owner of property for the purpose of rent Act?

›
Similarly, it is the contention of the revision petitioner that the building in Triplicane, referred in the petition also belongs to the r...
Sunday, 29 September 2019

Whether co-owner of property can be denied title to property by invoking principle of estoppel?

›
The answer to issue no.3 is straight and simple No one can be said to have lost its title in the immovable property only because they have...
Saturday, 13 July 2019

Whether one of co-owner can withdraw his consent midway in eviction suit against tenant?

›
It is well settled that one of the co-owners can file a suit for eviction of a tenant in the property generally owned by the co-owners. (S...

Whether court can pass eviction decree against tenant on ground of bonafide need of one co-owner?

›
Tenancy - co-ownership - Section 13 of West Bengal Premises Tenancy Act, 1956 - landlord filed eviction petition against tenant on ground ...

Whether one co-owner can terminate tenancy of tenant if other co-owners objects for the same?

›
I have pointed out to the counsel for the appellant/plaintiff the judgments of the Supreme Court in the cases of   Sk. Sattar Sk. Mohd. Ch...

Whether eviction suit filed by one Co-owner against tenant is maintainable if other co-owner objects for institution of said suit?

›
  What would be the position if a co-owner objects, as in a present case, is the question that calls for an answer in the present petiti...
Thursday, 4 July 2019

Whether third person claiming title can get his rights adjudicated in eviction proceedings?

›
There are some well-settled principles of law on the question involved in this appeal, which need to be taken into consideration while dec...

Whether other co-owner of tenanted premises is necessary party in eviction suit filed by one co-owner?

›
  As regards the relevance of the issue of title of the landlord in an eviction suit under rent laws it is fairly well settled that the im...
Sunday, 23 June 2019

Whether co-owner who has not inducted a tenant can seek eviction of such tenant?

›
Examining the proposition from another angle, it may be noticed that the tenancy rights are indivisible and a co-owner is competent to ind...

Whether eviction suit filed by one of co-owner is maintainable if some of co-owners had given assent for continuance of tenancy?

›
Tenancy - Eviction suit - Maintainability of - Bihar Building (Lease, Rent and Eviction) Control Act, 1982 -  Present application filed fo...
Saturday, 22 June 2019

Whether one of co-owner can continue eviction suit against tenant?

›
In Shri Ram Pasricha (supra), the Apex Court observed that a co-owner is as much an owner of the entire property as any sole owner of a pr...