Monday, 12 December 2016

Whether notice of eviction served on one of joint tenants is binding on all joint tenants?

 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,

V
 Devichand Hiralal Gandhi,


   CORAM : M.T. JOSHI, J.
DATED  : 20th JULY, 2015
Citation:2016(6) ALLMR 63
Read full judgment: click here
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