If there is no objection to any of the other co-owners, one of the co-owners is competent to file a suit for eviction of a tenant in the property generally owned by the co-owners. “A suit filed by a co-owner, thus, is maintainable in law. It is not necessary for the co-owner to show before initiating the eviction proceeding before the Rent Controller that he had taken option or consent of the other co-owners. However, in the event, a co-owner objects thereto, the same may be a relevant fact. In the instant case, nothing has been brought on record to show that the co-owners of the respondent had objected to eviction proceedings initiated by the respondent herein.”
(2006-2)143 PLR 667 (SC)
Mohinder Prasad Jain v. Manohar Lal Jain
