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NAZEER et al. v. HASSIM


Nazeer Et Al. V. Hassim

1947 Present: Dias J.

NAZEER et al.,
Appellants, and HASSIM, Respondent.

271-C. R. Colombo, 96,001

Partition action-Co-owner's transfer, pending the action, of the share which would be allotted to him in the final decree-Rights of transferee-Jartition Ordinance, s. 17.

Landlord and tenant--joint landlords-Right of each landlord to share of rent- Several persons claiming rent as landlords-Right of tenant to call upon them to interplead-Civil Procedure Code, s. 632.

Where, pending a partition action, some of the co-owners covenant to convey absolutely all the shares, right, title and interest which will accrue to them under and by virtue of the final decree in the partition action, the other contracting party obtains an immediate interest in the property, but the title can only accrue upon the entering of the final decree.

In the case of a plurality of landlords, each of them is entitled to claim his share of the rent from the tenant, unless there is some express agreement to the contrary.

Obiter, where a tenant is sued for rent by a stranger as landlord, section 632 of the Civil Procedure Code does not prevent the tenant from suing h

































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