It is a well established principle of law that
upon death of tenant, the legal representatives become
joint tenants and not the tenants in common. The
tenancy right is indivisible. Therefore, it is an
established principle of law that the notice of eviction
served on one of the joint tenants is binding on all the
joint tenants. Then if by notice of determination of
tenancy, issued to one of the joint tenants, all the
joint tenants would become tresspassers in case the
suit premises are not vacated, naturally the suit
against some of the joint tenants would also bind the
remaining joint tenants.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL REVISION APPLICATION NO. 112 OF 2012
Rameshchandra Daulal Soni,
CORAM : M.T. JOSHI, J.
Print Page
upon death of tenant, the legal representatives become
joint tenants and not the tenants in common. The
tenancy right is indivisible. Therefore, it is an
established principle of law that the notice of eviction
served on one of the joint tenants is binding on all the
joint tenants. Then if by notice of determination of
tenancy, issued to one of the joint tenants, all the
joint tenants would become tresspassers in case the
suit premises are not vacated, naturally the suit
against some of the joint tenants would also bind the
remaining joint tenants.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL REVISION APPLICATION NO. 112 OF 2012
Rameshchandra Daulal Soni,
CORAM : M.T. JOSHI, J.
DATED : 20th JULY, 2015
Citation:2016(6) ALLMR 63
Citation:2016(6) ALLMR 63
Read full judgment: click here
No comments:
Post a Comment