Supreme Court of India
M/s. Karta Ram Rameshwar Dass v. Ram Bilas and Ors.
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What the Court ordered
We hold that in a suit for partition filed by one co-sharer against another if a tenant is made party, he can object to the claim for partition if it is shown that the same was not bona fide and made with an oblique motive to overcome the rigors of rent control laws C which protected eviction of tenant except on grounds set out in the relevant statute.
Judgment, page 6
From the headnote
Rent and Eviction: Suit of partition of a shop by the co-owners, portion of which occupied by the tenant-Objection against partition by tenant-Sustainability of-Held: Not sustainable-Tenant cannot object to partition unless he shows that same was not bona fide and was intended to overcome the rigours of rent control laws which protected eviction of tenants. Partition of a shop by the co-owners, portion of which occupied by the tenant-High court ordering recovery of possession from the tenant of the portion which fell to the share of plaintiff-Correctness of-Held: Not correct as tenant can be
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