LAW CHAMBER OF HINESH RATHOD (ADVOCATE)
LAW CHAMBER OF HINESH RATHOD (ADVOCATE)
June 16, 2025 at 04:51 AM
TENANT PURCHASING SHARE OF CO-OWNER: Overruling one of its earlier authoritiesreported in Abdul Alim v. Shaikh Jamaluddin Ansari 1998 (9) SCC 683 the Supreme Court in P.K. Jaiswal v. Bibi HusnBano, AIR 2005 SC 2857 (3 judges) has unanimously held that even if tenant purchases the share of a co-owner in the tenanted premises still he remains tenant and liable to eviction in the suit filed by other co-owners, unless, he purchases the shares of all the co- owners. Referring to Section 111 (d) of T.P. Act, the Supreme Court held that merger of tenancy with ownership brings an end to the tenancy only if merger is complete and not partial. The authorities reported in T. Lakshamipathi v. P.N. Reddy AIR 2003 SC 2427 and India Umbrella Manufacturing Co. v. B. Agarwal AIR 2004 SC 1321, supra, were approved. Sub Tenant purchasing the Tenanted property:- In the aforesaid authority of P.K. Jaiswal, by majority judgment, it has also been held that if sub tenant purchases the entire tenanted property then sub tenancy also comes to an end in accordance with section 109 and 111 (d) of T.P. Act, as it completely merges with ownership. In this regard the authority reported in N. Sainuddin v/s K Sulaiman AIR 2002 SC 2562 has been approved and the authority reported in Indra Perfumery v/s Motilal 1969 (2) SCW 967 has been over ruled,. (Paras 1 to 9).
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