MOHAR SINGH (DEAD BY LRS.) versus DEVI CHARAN & OTHERS

MOHAR SINGH (DEAD BY LRS.) versus DEVI CHARAN & OTHERS

Section 109 of the Transfer of Property Act provides a statutory exception to the general rule that a landlord cannot split the unity and integrity of a tenancy to seek eviction from a part of the premises; after partition, the assignee of part of the reversion is entitled to seek eviction for that part without need for tenant's consent.

Parties
Appellant: Mohar Singh (Dead by LRs.); Respondents: Devi Charan & Others
Jurisdiction
India
Judgment Date
09 May 1988
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave Against Judgment of Allahabad High Court in Civil Misc. Writ No. 2280 of 1979
Outcome
Appeal allowed
Legal Topics
Assignment of Reversion, Partition and Tenancy, Eviction, Statutory Exception to Unity of Tenancy
Property Law Landlord and Tenant Law Assignment of Reversion Partition and Tenancy Eviction Statutory Exception to Unity of Tenancy

Case Brief

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Parties

Mohar Singh (Dead by LRs.)

Appellant

Devi Charan & Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave Against Judgment of Allahabad High Court in Civil Misc. Writ No. 2280 of 1979

Legal Issues

  1. 1 Whether the assignee of a part of the reversion (landlord's interest) after partition can seek eviction of a tenant from only that part, under Section 109 of the Transfer of Property Act
  2. 2 Whether the splitting of the unity and integrity of tenancy is permissible without the tenant's consent

Ratio Decidendi

Section 109 of the Transfer of Property Act provides a statutory exception to the general rule that a landlord cannot split the unity and integrity of a tenancy to seek eviction from a part of the premises; after partition, the assignee of part of the reversion is entitled to seek eviction for that part without need for tenant's consent.

Court Disposition

Appeal allowed

Orders

  • Order of Allahabad High Court set aside
  • Order of III Additional District Judge, Muzaffarnagar in Rent Control Appeal No. 48 of 1978 restored