PAL SINGH versus SUNDER SINGH (DEAD) BY LRS. & ORS.

PAL SINGH versus SUNDER SINGH (DEAD) BY LRS. & ORS.

If the other co-owner does not object, one co-owner is entitled to maintain an eviction petition. The respondent proved his bona fide need and absence of alternative accommodation, and the suit was maintainable even without impleading all co-owners.

Parties
Appellant: Pal Singh; Respondent: Sunder Singh (Dead) by LRs. & Ors.
Jurisdiction
India
Judgment Date
10 January 1989
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Judgment in Second Appeal
Outcome
Appeal dismissed
Legal Topics
Eviction, Co Ownership, Bona Fide Requirement, Estoppel, Landlord and Tenant Relationship
Landlord Tenant Rent Control Eviction Co Ownership Bona Fide Requirement Estoppel Landlord and Tenant Relationship

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Parties

Pal Singh

Appellant

Sunder Singh (Dead) by LRs. & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Judgment in Second Appeal

Legal Issues

  1. 1 Whether one co-owner of property can maintain eviction petition
  2. 2 Whether bona fide need of landlord is established
  3. 3 Whether the action for eviction was maintainable without impleading other co-owners

Ratio Decidendi

If the other co-owner does not object, one co-owner is entitled to maintain an eviction petition. The respondent proved his bona fide need and absence of alternative accommodation, and the suit was maintainable even without impleading all co-owners.

Court Disposition

Appeal dismissed

Orders

  • Eviction petition maintained
  • Respondent proved grounds for eviction and bona fide need