D.P.DESAI, P.N.BHAGWATI, M.U.SHAH
NANALAL GIRDHARLAL – Appellant
Versus
GULAMNABI JAMALBHAI MOTORWALA – Respondent
( 1 ) THIS revision application preferred under sec. 29 subsec. (2) of the Bombay Rents Hotel and Lodging House Rates Control Act 1947 (hereinafter referred to as the Rent Act) has been placed before us on a reference made by Mr. Justice D. P. Desai. Two questions have been referred to us. One is whether some only out of several coowners of property can effectively determine a tenancy by giving notice to quit and the other is whether a suit to evict a tenant can be filed by one or more coowners without joining other coowners in the suit. Both questions are of frequent occurrence in cases arising under the Rent Act and even under the general law of landlord and tenant they have a certain importance and it is therefore necessary that they should be carefully examined and finally laid at rest by a Full Bench decision of this Court.
( 2 ) THE first question which falls consideration is whether in a case where a property owned by two or more coowners is let out to a tenant a notice to quit given by some only out of them is sufficient to determine the tenancy or it is necessary that the notice to quit must be given by or on behalf of all coowners. We shall presently exa
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