Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SUSMITA PHUKAN KHAUND
Kamla Devi Agarwalla, Wife Of Late Banwarilal Agarwalla – Appellant
Versus
Prodip Banerjee, Son Of Late Tejendralal Banerjee – Respondent
| Table of Content |
|---|
| 1. overview of parties and legal standing in eviction. (Para 2 , 3 , 4 , 5 , 6) |
| 2. court's reasoning on maintainability of the suit. (Para 8 , 9 , 14 , 21) |
| 3. arguments regarding non-joinder of necessary parties. (Para 10 , 11 , 15 , 16 , 17) |
| 4. legal precedents related to joinder of parties and tenant rights. (Para 12 , 13 , 18 , 19 , 20) |
| 5. final decision and dismissal of the petition. (Para 22 , 23) |
JUDGEMENT :
SUSMITA PHUKAN KHAUND, J.
1. Heard learned counsel Mr. S.C. Keyal for the petitioners and learned counsel Mr. S. Khound for the respondent.
2. The petitioners in this case are Smti. Kamla Devi, Sri Ankit Agarwalla and Mrs. Munni Agarwalla. The landlord Sri Prodip Banerjee is arrayed as respondent.
3. The petitioners are aggrieved by the order dated 29.10.2022 passed by the learned Munsiff, Naharkatia in Title Suit No. 11/2019. During the pendency of the title suit, a petition under Section 151 of Code of Civil Procedure, 1908 (CPC for short) was filed by the petitioners who are the defendants in the original title suit. It was submitted by the petitioners through their petition under Section 151 of CPC that the plaintiff had instituted the title suit against 7 (Sev
Eviction suits are maintainable without all legal heirs of a deceased tenant if at least one joint tenant is sued, upholding joint tenancy principles.
Tenant - Revision-applicant who is claiming to be joint tenant of property being son of late original tenant who according to revision-applicant was original tenant of premises in dispute, is neither....
One legal heir can represent the estate in Rent Act suits without needing all heirs to be added, provided there is no fraud or collusion.
Legal heirs of a deceased tenant inherit joint tenancy rights, and eviction decrees can be enforced against one joint tenant without needing all heirs to be party to the proceedings.
The court ruled that the daughter of a deceased tenant must be included in eviction proceedings to ensure fair adjudication of her inherited tenancy rights.
Suit for eviction of tenant - Ex-parte Decree - Joint Tenant - Appellants had knowledge about ex-parte decree prior to death of Joint Tenant.
The heirs of a deceased tenant lack standing to contest an eviction order under rent law unless they can demonstrate a direct legal relationship to the tenant and relevant evidence supporting their c....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
