Supreme Court · 2004 INSC 7 · Decided 5 January 2004

M/S. India Umbrella Manufacturing CO. and ORS. v. Bhagabandei Agarwalla (Dead) BY LRS. SMT. Savitri Agarwalla and ORS.

Court
Supreme Court of India
Citation
2004 INSC 7 · [2004] 1 S.C.R. 10
Case number
CIVIL APPEAL No. 5357/1996
Decided
5 January 2004
Bench
R.C. LAHOTI, ASHOK BHAN (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution Article 142; Transfer of Property Act Section 111

Headnote

Tenancy laws: C Eviction suit by one co-owner-Maintainability of-Held, One co-owner can file suit, based on doctrine of agency-Co-owner filing suit acts as an agent of other co-owners a11d consent of other co-ow11ers is assumed unless shuwn lo the contrary-Further when both co-owners file suit, withdraw his consent midway to prejudice the other co-owner-Right D of parties stand crystu//ized on the date the suit is filed and also entitlement to seek ejectment is adjudged by reference to the same date. Transfer of Property Act, 1882-Section I I l(d)-Doctrine of merger­ App/icahility

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