9911796707
TMI Blog1991 (4) TMI 463X X X X Extracts X X X X X X X X Extracts X X X X ..... representatives of Khalil Raza, the original tenant of the premises in question, and is objecting to the execution of the decree of eviction obtained by the landlord-respondent No. 1 against the respondent Nos. 2 to 9 who are sons, daughters and wife of Khalil Raza. Her case is that she is also a daughter of Khalil Raza, which is denied by the respondent No. 1; and it is contended on her behalf that since she was not impleaded as a party to eviction proceeding started by the respondent, her right in the tenancy which is an independent right, cannot be put to an end by permitting the decree obtained to be executed. She alleges collusion between them and the decree holder. 3. The landlord -decree holder has denied the existence of another ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en against the others and so the landlord cannot be put in possession of the premises at all. 6. In the civil appeal arising out of Special Leave Petition No. 15021 of 1990 Shri Shiv Kumar Sharma, who was a tenant in possession of the shop under dispute, died in 1982 leaving behind his widow, three sons and four daughters as his heirs and legal representatives. Thereafter the respondent-landlord commenced an eviction proceeding in 1985, out of which the present matter arises, and impleaded only the wife and the sons of the deceased. Two of the four daughters were married and the remaining two daughters, appellants in the present appeal, were staying in the house but not joined as parties. The suit was contested by the mother and the brot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... state shall take his property as tenants-in-common, it is dealing with the rights of the heirs inter se amongst them ,and not with their relationship with a stranger having a superior or distinctly separate right therein. The relationship between the stranger and the heirs of a deceased tenant is not the subject matter of the section. Similar is the situation when the tenant is a Mohammedan. However, it is not necessary for us to elaborate this aspect in the present appeals . The main dispute between the parties, as it appears from their respective stands on the courts below, is whether the heirs of the original tenants who were parties to the proceeding, represented the objector- heirs also . According to the decree holder in Miss Renu Sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nation VI in the following words in sec. 11of the Code of Civil procedure: Explanation VI-Where persons litigate bona fide in respect of a public right or a private right claimed in common for themselves and others, all persons interested in such right shall, for the purposes of this section, be deemed to claim under the persons so litigating. This of course, is subject to the essential condition that the interest of a person concerned has really been represented by the others; in other words his interest has been looked after in a bona fide manner. If there be any clash of interests between the person concerned and his assumed representative or if the latter due to collusion or for any other reason, mala fide neglects to defend the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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