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VIKRAM AGGARWAL
Tehal Singh – Appellant
Versus
Harnam Kaur – Respondent
JUDGMENT :
Vikram Aggarwal, J.
CM-21895-CII-2015
Prayer in the present application filed under Order 22 Rules 10 and 11 CPC is for arraying the applicant Mukesh Kumar as party-respondent No.3 in the main petition.
It has been averred in the application that during the pendency of the case, the applicant had purchased 15% share of the tenanted premises from previous respondents No.3 to 5 i.e. legal representatives of Sh. Varinder Singh vide registered sale deed dated 25.08.2015 (Annexure A-1), (presently proforma respondents No.4 to 6) and had become a co-owner of the tenanted premises. This application was filed as far back as on 28.09.2015 and vide order dated 13.10.2015, it was ordered that the said application will be taken up with the main case.
Arguments in this application were heard. Since none of the non-applicants had any objection to the prayer made in the present application, the same is allowed. Applicant Mukesh Kumar is impleaded as party-respondent No.3 in the main petition. Amended memo of parties is taken on record.
CR-4987-2015 (O&M)
1. The present revision petition assails the order dated 30.05.2015, passed by the Rent Controller, Chandigarh vide which the eviction petit
The main legal point established in the judgment is that an eviction petition can be maintained by one co-owner with the consent of other co-owners, and objections raised by co-owners must be genuine....
A co-owner can file for eviction without needing consent from other co-owners, and subsequent purchasers cannot challenge eviction petitions filed before their acquisition.
A co-owner can maintain an eviction petition without other co-owners' consent, provided there are no objections, reaffirming that the landlord-tenant relationship must be established for eviction und....
The eviction was upheld on grounds of bona fide requirement and established landlord-tenant relationship, negating the appellant's claims.
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