ground that the tenancy being joint, the suit is not maintainable because there cannot be a split of tenancy. Therefore, unless the defendant ... splitting tenancy, Thus, there is no absolute bar to the splitting. What is prohibited is that the lessor cannot unilaterally split up the tenancy
next submitted that the decree of the Appellate
Court tantamounts to splitting of tenancy. The Appellate
Court having rejected the respondent's case ... nature which literally splits the tenancy.
Unless law permits, no Court can pass a decree thereby
splitting the tenancy. In support of this submission, reliance
learned counsel for the respondent has also
raised a question of splitting of tenancy, since one godown
had been taken on rent by the tenant ... premises by splitting the
single indivisible tenancy. For these reasons it
was not open to the High Court to split the
tenancy and order
split the tenancy. Law, therefore, is that
where there is a single indivisible contract of tenancy, it cannot be split by a
Court unless there ... portions
under one tenancy by the respondent-landlord by any stretch of imagination cannot
be termed to be splitting of tenancy. This is because Section
exception to the unity and integrity of the tenancy and effects the severance or split of tenancy on a transfer by sale of a part ... spliting the single indivisible tenancy. For these reasons it was not open to the High Court to split the tenancy and ordered for partial ejectment
evidence, whether exception to the rule of splitting of tenancy that
where splitting of tenancy is created by operation of law, is applicable in this ... such questions, about the extent of
tenancy and also about the question of splitting of tenancy, as raised by the
tenant, to be adjudicated after
been specifically notified with
regard to the splitting of tenancy and there is splitting of
tenancy and there is no co-ownership or a joint ... division in respect of the
property in terms of the splitting of tenancy, there is no cause
of action to maintain the suit. Since there
committed an error in ignoring the fact
that the landlords had split the tenancy, which is not permissible
under the DRC Act . Premises in question ... persons
purchasing the property in two different shares, they have split
the tenancy and this fact has not been taken into consideration by
the trial
single indivisible contract of tenancy can be split and can be said to create more than one tenancy or when the two contemporaneous lease deeds ... premises by splitting the single indivisible tenancy For these reasons it was not open to the High Court to split the tenancy and order partial
split the tenancy. Law, therefore,
is that where there is a single indivisible contract of tenancy, it cannot
be split by a Court unless there ... premises by splitting the single indivisible tenancy. For these reasons
it was not open to the High Court to split the tenancy and ordered
