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1996 Supreme(SC) 1705

S.SAGHIR AHMAD, KULDIP SINGH
Sattar Sk. Mohd. Choudhari – Appellant
Versus
Gundappa Amabadas Bukate – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. When co-owners or co-lessors agree to partition the property by metes and bounds, and obtain definite, positive, and identifiable shares, they can deal with their respective portions and the tenant thereof as individual owners or lessors (!) (!) .

  2. The law does not permit unilateral splitting of tenancy rights among co-owners. A co-sharer cannot independently initiate eviction proceedings or sue for rent from a tenant occupying the entire premises unless there is an agreement and partition that results in separate ownership of specific portions (!) .

  3. If all co-owners or co-lessors agree and partition the property, each becomes a separate owner of their designated share and can deal with that portion and the tenant as individual lessors. The right to partition and deal with the property is solely within the rights of the lessors, and tenants cannot object to such partition or transfer unless it is a sham to evade rent laws (!) (!) .

  4. The act of partition, when done by agreement and with definite boundaries, is not considered a transfer under the law, but it results in each co-owner having a specific and separate interest in the property (!) (!) .

  5. The rights of a transferee or owner of a partitioned share include the ability to recover possession from tenants of that specific share, and such rights are recognized under relevant property laws (!) (!) .

  6. The transfer of property, including partition, is subject to the principles of notice and knowledge. A tenant who is unaware of a transfer or partition cannot be held liable to pay rent to a new owner until proper notice is given (!) (!) .

  7. The legal doctrine allows for the merging of a tenant’s interest with the ownership of a specific share after the owner acquires that share through purchase or partition, rendering the tenant’s lease in that portion as extinguished or merged (!) (!) .

  8. The law recognizes that tenants in joint or undivided properties have rights, but these rights can be affected by valid partition agreements among co-owners, which, when properly executed, enable individual owners to deal with their respective portions and tenants accordingly (!) .

  9. The legal position emphasizes that tenants cannot prevent co-owners from partitioning the property or transferring their shares, provided such actions are bona fide and not intended to circumvent rent control laws (!) (!) .

  10. The overall legal stance is that partition by mutual agreement results in separate ownership rights, and each owner can independently enforce their rights, including eviction and rent collection, for their specific share (!) .

Please let me know if you need further elaboration or specific legal advice related to this document.


JUDGMENT

S. Saghir Ahmad, J.-The landlord is in appeal before us against the Judgment and Order dated 17.1.92 passed by the Bombay High Court (Aurangabad Bench) by which the Judgment and Order dated 29.3.84 passed by the Rent Controller and that of the District Judge, Latur passed on 12.2.87, afirming that Judgment, were set aside and the suit of the appellant for eviction of the respondent from the shop in Municipal building No. 2-10 (Old) and 69 (New), Ward No. 22, Bhusar Lane, Latur, was dismissed.

2. Proceedings for eviction were initiated by the appellant on the allegations that the shop measuring 23 x19 was originally owned by his father Shaikh Mohd. Chaudhari who died on 12th of March, 1956 leaving behind the appellant and his elder brother, Shaikh Jaffar, as also two other brothers, as his heirs who inherited his properties including the aforesaid shop. Shaikh Jaffar being the eldest was managing the property, particularly as the appellant was minor in 1964 when the shop was let out to the respondent who paid rent to Shaikh Jaffar and continued to pay it till 1974. In the meantime, there was a partition among the brothers and a portion of the shop measuring 23 x 12½ fel























































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