AIR 1973 GUJARAT 131 ::13 GujLR 880 ::1973 RenCR 581 ::1972 RenCJ 889 ::ILR (1972) Guj 1154

Gujarat High Court

Hon'ble Judge(s): P. N. Bhagwati , C.J. AND M. U. Shah, D. P. Desai , JJ

(A) Transfer of Property Act (4 of 1882) , S.106— Lease by co-owners - Notice determining lease whether can be given by a co-owner. (1887) ILE 11 Bom 644, Dissented from. (A) In the absence of contract to the contrary, where there are two or more co-owners of property and either they grant a lease acting together or any one of them grants a lease on behalf of himself and acting as agent on behalf of the other co-owners or where a lease is granted by a landlord who is the sole owner of the leased property and thereafter by testate or intestate succession or by transfer inter vivos, the leased property comes to be owned by two or more co-owners, no one single co-owner can give notice to quit determining the lease. It must be given by or on behalf of all co-owners. But where a lease is granted by a co-owner professing or by claiming to be the sole owner of the leased property or one of the co-owners grants the lease without disclosing that he is also acting on behalf of the other co-owners, the notice to quit given by him is sufficient to determine the lease. Case Law Discussed.(Para 9 10 11) (B) Transfer of Property Act (4 of 1882) , S.106— Notice determining lease by all coowners - Nature. ....