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Kanta Goel vs B.P. Pathak & Ors on 1 April, 1977

In Kante Goel Vs. S. P. Pathak etc. 1977 Rajdhani Law Reporter (S. C.) 201(8) other heirs of the owner-landlord were respondents to the eviction proceedings. In Khurshid Haider etc. Vs. Zubeda Begum, 1979 Rajdhani Law Reporter 161(9) it is not clear whether there was more than one landlord. It was no doubt held that a co-owner has a right to institute an eviction application. If the landlords are more than one, all must be parties to the eviction case either as petitioner or as respondent. But in the instant case the respondent approached the court for leave to amend eviction application to implead all heirs. The other heirs, in the absence of Will, were necessary parties and the Controller ought to have allowed leave to amend. The order of the Controller dated 26th November, 1979 refusing to implead other heirs is set aside. The application to implead heirs is allowed and the amended eviction application already filed is taken on record. The other heirs are not objecting to the respondent's right to claim eviction. The other heirs i.e. respondents No. 2 to 7 in the amended eviction application may file in writing that they have no objection to the grant of the eviction order against the appellant.
Supreme Court of India Cites 9 - Cited by 301 - V R Iyer - Full Document
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