M.M. QUASIM versus MANOHAR LAL SHARMA & ORS.

M.M. QUASIM versus MANOHAR LAL SHARMA & ORS.

If, by virtue of a partition decree after institution of eviction proceedings, the suit property stands exclusively allotted to a non-party, the original petitioners can maintain and continue the proceedings for eviction only if they retain a subsisting interest and legal standing as landlords as required by the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947. The Appellate Court must re-examine the effect of partition and adjudicate on the existence of necessary interest to support the eviction claim, considering evidentiary material including the partition decree.

Parties
Appellant: M.M. Quasim; Respondent 1: Manohar Lal Sharma; Respondents 2 & 3: Other Respondents (including Respondent 2 and Kishorilal Vishwakarma)
Jurisdiction
India
Judgment Date
07 April 1981
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From High Court Judgment
Outcome
Appeal allowed. Decrees of High Court and first appellate court set aside. Case remanded to first appellate court for fresh consideration.
Legal Topics
Landlord Tenant Eviction, Meaning of Landlord Under Rent Control Laws, Partition and Transfer of Property, Personal Requirement, Default in Rent Payment
Tenancy Law Civil Procedure Landlord Tenant Eviction Meaning of Landlord Under Rent Control Laws Partition and Transfer of Property Personal Requirement Default in Rent Payment

Case Brief

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Parties

M.M. Quasim

Appellant

Manohar Lal Sharma

Respondent 1

Other Respondents (including Respondent 2 and Kishorilal Vishwakarma)

Respondents 2 & 3

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether following partition and allotment of the suit property to a non-party, the landlords (respondents) remain entitled to maintain and continue eviction proceedings on grounds of personal requirement and/or default.
  2. 2 Who is 'landlord' for purpose of Section 11(1)(c) of Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947?
  3. 3 Does the subsequent partition and loss of ownership by the plaintiffs affect their right to evict the tenant?

Ratio Decidendi

If, by virtue of a partition decree after institution of eviction proceedings, the suit property stands exclusively allotted to a non-party, the original petitioners can maintain and continue the proceedings for eviction only if they retain a subsisting interest and legal standing as landlords as required by the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947. The Appellate Court must re-examine the effect of partition and adjudicate on the existence of necessary interest to support the eviction claim, considering evidentiary material including the partition decree.

Court Disposition

Appeal allowed. Decrees of High Court and first appellate court set aside. Case remanded to first appellate court for fresh consideration.

Orders

  • First appellate court to grant the application under Order 41, Rule 27 CPC, take the partition decree into consideration, allow additional evidence, and decide: (1) Whether the partition decree transferred the suit shop to Pyarelal exclusively; (2) If yes, whether the respondents can still maintain action and are...