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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.