Om Prakash & Anr. vs Mishri Lal - Supreme Court

 Om Prakash & Anr. vs Mishri Lal (Dead) Represented by his Lr. Savitri Devi - Supreme Court Important Judgment 2017 - 

 

On 21st March, 2017, in the case of Om Prakash & Anr. vs 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.”