Suit for partition of tenancy rights - Maintainability -Joint tenants have right to claim partition in tenancy right - Suit for partition of tenancy rights,maintainable - after death of original tenant inheriting tenancy rightsas joint tenants - Surrender oftenancy by one tenant - Implied surrender presumed.

Citation

AIROnline 2021 All 5098

Allahabad High Court

SYED AFTABHUSAIN RIZVI , J.

SECOND APPEAL - 1718 of 1988 D/- 9 - 12 - 2021

L. D. Sindhi v. G. P. Sen

(A)Specific Relief Act (47 of 1963), S.34 - Suit for partition of tenancy rights - Maintainability -

Joint tenants have right to claim partition in tenancy right - Suit for partition of tenancy rights,

maintainable.

 (Paras 9 , 10) 

(B)Specific Relief Act (47 of 1963), S.34 - Suit for partition of tenancy rights - Surrender of

tenancy by one tenant - Effect - Parties, after death of original tenant inheriting tenancy rights

as joint tenants - Admittedly, only defendant i.e one son of original tenant professing vocation

of hair cutting with him in disputed shop and after death of original tenant he was in exclusive

possession - None of plaintiffs were in possession at any period of time in disputed shop - During

pendency of case defendant surrendered tenancy rights in favour of landlord and in pursuance

thereof he also handed over possession of entire shop to landlord who let it to new tenant - Thus,

rights of other joint tenants have become extinguished - Implied surrender presumed - Tenancy

rights of parties no more in-existence - Suit became infructuous and hence liable to be dismissed

 (Para 13) 

Cases Referred Chronological Paras

1896 ILR 18 All 334(Rel.on)

(AIROnline 2014 DEL 12)

(AIROnline 2015 DEL 14), D-13/08/2015

(AIROnline 2015 DEL 15)

AIR 1989 SUPREME COURT 1470

1979 ARC 242

S. M. Chaturvedi, A. N. Bhargava, Anita Misra for Petitioner; R. P. Tewari,k. P. Tewa