Supreme Court · 2005 INSC 584 · Decided 23 November 2005
M/S. Karta Ram Rameshwar Dass v. Ram Bilas and ORS.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 584 · [2005] SUPP. 5 S.C.R. 415
- Case number
- CIVIL APPEAL No. 6986/2005
- Decided
- 23 November 2005
- Bench
- B.N. AGRAWAL, A.K. MATHUR (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
Headnote
B 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: C Not sustainable-Tenant cannot object to partition unless he shows that same was not bona fide and was intended to overcome the by the co-owners, portion of which occupied by the D 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 evicted only in accordance with law under the provisions of rent control
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