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Supreme Court of India 2018-04-19 allowed

Suresh Kumar Kohli vs Rakesh Jain and Another

Bench: 2 — R.K. Agrawal

In Brief

A landlord let commercial shop premises jointly to two tenants in 1975. After one tenant died in 2010, the landlord obtained an eviction decree against the surviving tenant on bona fide need grounds. The deceased tenant's son (Respondent 1) later objected during execution, claiming he should have been a necessary party as he inherited tenancy rights. The High Court allowed his objection, treating heirs as tenants-in-common. The Supreme Court reversed, holding that heirs of a deceased tenant inherit as joint tenants, not tenants-in-common. Therefore, an eviction petition against one joint tenant binds all heirs, notice to one suffices for all, and the deceased tenant's son was not a necessary party. The Court restored the eviction order.

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Rental Law Succession and Inheritance Tenancy Law Eviction Joint Tenancy Property Law Civil Procedure

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