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

In AIR 2004 SC 1321 M/s India Umbrella Manufacturing Co. & Ors. vs. Bhagabandei Agarwalla (dead) by L.Rs. & Ors. it has been held that one of the co-owners can file a suit for eviction of a tenant in the property owned by co-owners; this principle is based on the doctrine of agency; one co-owner filing a suit for eviction against the tenant does so on his own behalf in his own right and also on behalf of the other co-owner.
Supreme Court of India Cites 4 - Cited by 321 - R C Lahoti - Full Document

Prithipal Singh vs Satpal Singh(D) Th.Lrs on 18 December, 2009

The following observations of the Apex Court in this context in the judgment of MANU/SC/1920/2009 Prithipal Singh Vs. Stapal Singh (D) Th. Lrs. which had while dealing with the procedure under Section 25-B of the DRCA and contention of the petitioner in that case which was that the affidavit filed by him was after a delay of eight days i.e. beyond the period of 15 days, the Court had made the following observations which are relevant in the context of the instant matter.
Supreme Court of India Cites 18 - Cited by 287 - T Chatterjee - Full Document

Jijar Singh vs Mohinder Kaur on 10 July, 1979

5 An application seeking leave to defend has been filed by the tenant. In this application, it had been stated that there was no relationship of landlord- tenant between the parties. Orally it has been submitted by the learned counsel for the petitioner that he had recognised only S. Sajjan Singh as his landlord and not the present petitioner. His submission is that although a letter dated 07.10.2013 (letter of attornment sent by the present landlady to R.C. Rev. No. 290/2016 Page 4 of 12 the tenant) had been sent but the same had not received by him. He had also disputed the family settlement as also the compromise in the partition suit. The application seeking leave to defend is in fact an application running into 4- ½ pages but the only triable issue which can be deciphered from this application (along with the accompanying affidavit) is that the relationship of landlord-tenant is not recognised by the tenant. On this count, learned counsel for the petitioner also fairly concedes that in this application seeking leave to defend, there is probably no other triable issue which has been raised by him. His additional submission however is that he had also sought permission of the learned ARC to place on record an additional affidavit but that was declined without any reason on 18.11.2015. To support his submission that such an additional affidavit should have been taken on record, he has placed reliance upon AIR 1982 Delhi 205 S.K. Arora Vs. S.L. Sarna as also nother judgment of this Court reported in AIR 1979 Delhi 245 Jijar Singh Vs. Smt. Mohinder Kaur.
Delhi High Court Cites 6 - Cited by 9 - Full Document

Syed Mohammed Main Nizami (Deceased) ... vs Qasima Khatoon & Ors. on 29 November, 2011

6 Per contra, learned counsel for the landlady has disputed this proposition. Submission is that the additional affidavit was rightly declined on 18.11.2015. It is submitted that if the additional affidavit was taken on record and new grounds were permitted to be raised by way of an additional R.C. Rev. No. 290/2016 Page 5 of 12 affidavit, the whole purpose of summary procedure would be defeated and to support this proposition he has placed reliance upon MANU/DE/6806/2011 Syed Mohammed Main Nizami (deceased) represented by Syed Maanzoor Nizami and Others Vs. Qasima Khatoon and Others 7 Arguments have been heard. Record has been perused.
Delhi High Court Cites 6 - Cited by 2 - I Kaur - Full Document
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