Not Necessary For All Tenants In Joint Tenancy To Find Alternate Accommodation For Landlord To Recover Possession U/S 13 Bombay Rents Act
Case: Aziz Fazlehusein Karaka VS Batul Abbasbhai Rangwala
Coram: Justice AS Supehia
Case No.: C/CRA/610/2018
Court Observation: “The landlord shall be entitled to recover possession of any premises if the Court is satisfied that the tenant, after coming into operation of this Act, has built or acquired vacant possession of or been allotted a suitable residence and an eviction petition against one of the joint tenant is sufficient against all the joint tenants and all joint tenants are bound by the order of the Rent Controller as joint tenancy is one tenancy and is not a tenancy split into different legal heirs. If these persons become tenants in common or joint tenants, it is not the requirement of the law that all the tenants should have built accommodation for their residence.”
“Defendant no.1 is residing in the property purchased in his wife’s name and defendant no.3 has purchased the property in his own name. Defendant no.5 is residing with his wife in a flat. Neither the defendants no.2 and 4 nor the other defendants have adduced any evidence that they could not have been accommodated in the alternative accommodations.”
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