M/S. KARTA RAM RAMESHWAR DASS versus RAM BILAS AND ORS.

M/S. KARTA RAM RAMESHWAR DASS versus RAM BILAS AND ORS.

A tenant cannot object to partition by co-owners unless it is proven to be mala fide and intended to overcome rental law protections; eviction from the portion allotted to a co-owner after partition can only proceed under rent control statutes, not directly by partition decree.

Parties
Appellant: M/S. Karta Ram Rameshwar Dass; Respondent: Ram Bilas
Jurisdiction
India
Judgment Date
23 November 2005
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 4.10.2002 of Punjab and Haryana High Court in R.s.a. Nos. 613 and 837 of 1981
Outcome
Appeals partly allowed; decree for vacant possession in favour of plaintiff set aside; trial court's judgment and decree restored; parties to bear their own costs.
Legal Topics
Partition of Property, Eviction of Tenants, Rent Control Legislation
Property Law Tenancy Rent Control Partition of Property Eviction of Tenants Rent Control Legislation

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Parties

M/S. Karta Ram Rameshwar Dass

Appellant

Ram Bilas

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 4.10.2002 of Punjab and Haryana High Court in R.s.a. Nos. 613 and 837 of 1981

Legal Issues

  1. 1 Can a tenant object to partition of property by co-owners if partition is bona fide?
  2. 2 Is eviction from partition suit permissible without following rent control law procedures?

Ratio Decidendi

A tenant cannot object to partition by co-owners unless it is proven to be mala fide and intended to overcome rental law protections; eviction from the portion allotted to a co-owner after partition can only proceed under rent control statutes, not directly by partition decree.

Court Disposition

Appeals partly allowed; decree for vacant possession in favour of plaintiff set aside; trial court's judgment and decree restored; parties to bear their own costs.

Orders

  • Trial court's decree restored: shop partitioned longitudinally by middle wall; tenant to continue occupation until eviction is lawfully effected under rent control legislation.
  • High Court's order granting vacant possession and eviction set aside.