AIR 2014 BOMBAY 54 ::2014 (2) ABR 796

Bombay High Court

Hon'ble Judge(s): A. P. Bhangale , J

Hindu Law - Joint family property - Partition - Leasehold interest in open plot of land belonging to Nagpur Improvement Trust - Is indivisible in nature - However partiton of construction made over such plot is permissible. Legally speaking leasehold interest in the open plot of land belonging to NIT (Nagpur Improvement Trust) is basically impartible or indivisible in nature A partition inter se amongst several co-sharers in respect of the building constructed on the plot does not in any way affect the intergrity of the tenancy or leasehold interest of the open plot owned by the NIT , so as to make each holder of an interest in the leasehold as a separate holder or entity of a different tenancy, and notwithstanding such partition amongst the co-sharers or due to sub-lettings created by them, they remain liable collectively qua the lessor (NIT in this case) for the payment of the whole ground rent of the open leasehold plot payable periodically to the NIT. In the same manner, they are liable to face lawful termination of the lease or eviction of the leasees by the NIT as if all the co-sharers in the leasehold plot deemed to have constituted the single Tenancy.(Para 8) .....