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M/S. India Umbrella Manufacturing Co. & ... vs Bhagabandei Agarwalla (Dead) By ... on 5 January, 2004

partners of respondent no.1. Appellants have also stated that there is no document on the record that late Sh. Lajpat Rai Nandwani was the son of Smt. Durga Devi. Appellants have further stated that there is nothing on the record to show that as to why the written statement was not signed by Sh. Om Prakash and Sh. Dayanand, i.e. the other partners of the firm. Ld. Counsel for the appellants has further submitted that objection taken by the respondents that eviction petition filed was not maintainable as the same was not filed by the JSR Family Trust has been dealt with by the Ld. Trial Court thereby stating that there is no misjoinder of necessary parties as it is settled law that even one of the co­owner can file a suit for eviction. It has further been submitted that JSR Family Trust is one of the owner and the petitioners are the co­owners of the premises in dispute. Ld. Counsel further submitted that it is a settled proposition that one of the co­owner can file a suit for eviction of a tenant in the property owned by the co­owners. Reliance has been placed upon M/s Indian Umbrella Manufacturing Co. and others vs. Bhagabandei Agarwalla (Dead) by L.R.'s and others AIR 2004 SC 1321.
Supreme Court of India Cites 4 - Cited by 321 - R C Lahoti - Full Document
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