Tenancy – Whether co-owner can maintain a petition for eviction – A co-owner who has not even inducted a tenant in the premises, can seek his eviction as his tenancy is taken to be under all the co-owners, who are thus to be taken as landlords qua his tenancy – If one is co-owner even of a fractional share in the joint ownership, he is owner in every inch of the entire property, irrespective of quantum of share, he is entitled to get the premises on tenancy vacated by filing a petition exclusively by himself – If premises have been let out by one co-owner, if the property where there are multiple co-owners, any co-owner therein is legally competent to file a petition for eviction of such tenant because other co-owners being owners in every part of joint property including the premises under tenancy also became landlords qua the premises on tenancy – In short, an act of a co-owner of inducting a tenant in the premises binds all other co-owners and consequently such a tenant after having been so inducted in the premises, becomes a tenant under all the co-owners.
read HERE (2014-4)176 PLR 518, 2014 PLRonline 1985
Jitender Kumar v. R. S. Virk
