Prakash Chandra vs Sri Ritesh Bhargawa on 20 August, 2020
Learned counsel for the petitioner has also raised this issue that the landlord is only co-owner of the shop in question, therefore, he cannot file release application, which is not acceptable in light of judgment of Apex Court in the case of India Umbrella Manufacturing Co. (supra) & Shabbir Ahmed (supra). In both the matters, the Court has clearly held that co-owner have full right to file suit for eviction against the tenant and even consent of co-owner is not required to file suit. Therefore, this argument of the learned counsel for the petitioner is not acceptable and no relief can be granted on this ground too.