AIR 1997 SUPREME COURT 998 ::1997 SCFBRC 53 ::(1997) 2 MahLR 413 ::1996 (6) SCC 373 ::(1997) 1 RecCivR 513 ::1997 All CJ 1 69 ::(1997) 2 Bom CR 690 ::1997 BLJR 1 493 ::1997 HRR 115 ::(1997) 1 ESC 177 ::(1997) 2 Mad LW 648 ::(1997) 1 Mad LJ 128 ::(1997) 1 LJR 16 ::(1997) 1 RenCR 98 ::(1997) 1 SCT 473 ::(1998) 1 RentLR 119 ::1997 Bom LR 2 109

Supreme Court Of India

(From: Bombay)*

Hon'ble Judge(s): Kuldip Singh, S. Saghir Ahmad , JJ

Transfer of Property Act (4 of 1882) , S.109, S.37, S.111— Eviction - Partition between joint lessors or co-lessors - Suit for eviction filed by co-lessor to whose portion leased property fell on partition - Maintainable - Tenant cannot object to such partition although he can show that partition was not bona fide. C. R. A. No. 167 of 1987, D/- 17-1-1992 (Bom), Reversed. Hyderabad Houses (Rent, Eviction and Lease) Control Act (20 of 1954) , S.15— A co-sharer cannot initiate action for eviction of the tenant from the portion of the tenanted accommodation nor can he sue for his part of the rent. The tenancy cannot be split up either in estate or in rent or any other obligation by unilateral act of one of the co-owners. If, however, all the co-owners or the co-lessors agree among themselves and split by partition the demised property by metes and bounds and come to have definite, positive and identifiable shares in that property, they become separate individual owners of each served portion and can deal with that portion as also the tenant thereof as individual owner/ lessor. The right of joint lessors contemplated by Section 109 comes to be possessed by each of them separately and independently. There is no right in the tenant to prevent the joint owners or co-lessors from partitioning the tenanted accommodation among themselves. Whether the pre....