Delhi High Court: A Single Judge Bench comprising of Valmiki Mehta, J. dismissed an appeal filed under Section 96 of CPC against the judgment of the trial court whereby appellant’s suit for possession and mesne profits was dismissed.
The suit was dismissed by the trial court holding that the appellant being only one of the co-owners, could not claim possession in absence of support from other co-owners. It was held that a single landlord could not terminate the tenancy. Aggrieved thus, the appellant preferred the instant appeal.
The High Court relied on Sk. Sattar Sk. Mohd. Choudhari v. Gundappa Amabadas Bukate, (1996) 6 SCC 373 and Jagdish Dutt v. Dharam Pal, (1999) 3 SCC 644 to hold that one co-owner/co-landlord is not entitled on his own, in the face of opposition from other co-owners/co-landlords, to terminate the tenancy for seeking possession of the tenanted property and/or mesne profits. In the present case, the other co-owners had infact opposed the termination of tenancy as well as the suit filed by the appellant. Observing that the appeal was completely frivolous, the High Court held that the suit was rightly dismissed by the trial court. Therefore, the appeal was dismissed. [Navin Chander Anand v. Union Bank of India,2018 SCC OnLine Del 9902, 17-07-2018]