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Bombay High Court

LATE VITHOBA LONKAR DECD THRU LHRSversusASHOK RAMCHANDRA SHEVALE

Decided
Disposal
Dismissed

Holding

A single co‑owner may file an eviction suit on behalf of all co‑owners, and the other co‑owners need not be made parties to the suit.

Summary

The petitioners sought relief against the respondents who had filed an application to compel all co‑owners of a property to be made parties to an eviction suit. The High Court held that under settled law a single co‑owner may sue for eviction of a tenant on his own behalf and as an agent of the other co‑owners, and the consent of the others is presumed unless expressly denied. The Court relied on the Supreme Court decisions in India Umbrella Manufacturing Co. v. Bhagabandei Agarwalla (2004) 3 SCC 178 and Kanaklata Das v. Naba Kumar Das (2018) 2 SCC 352, which affirm that not all co‑owners need to join an eviction suit. Consequently, the application to add the other co‑owners as parties was dismissed and the writ petition was rejected.

Issues considered

  • Whether co‑owners who are not parties to an eviction suit can be compelled to be joined as parties to the suit

Subjects

  • eviction
  • co‑ownership
  • landlord‑tenant
  • agency doctrine
  • civil procedure
  • writ petition
  • co‑owners as parties

Judgment

                     Sonali Mane                                                     7-WP-7516-2025.docx



                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                          WRIT PETITION NO. 7516 OF 2025

                     Late Vithoba Lonkar Decd. Thru. Lhrs.
                     Anuradha Anil Lonkar & Ors.                                … Petitioners
                              Versus
                     Ashok Ramchandra Shevale & Anr.                            … Respondents


                     Adv. Rajesh More for Petitioners.
                     None for Respondents.


                                                       CORAM       : ARUN R. PEDNEKER, J.
                                                       DATE        : 21 AUGUST, 2026
                     P.C. :


                     1.            Heard learned counsel for the Petitioners.


                     2.            The application filed by the Defendants to make the other co-

                     owners as parties to the proceedings has been dismissed. It is settled

                     law that one of the co-owners can continue the suit for eviction, and all

                     the co-owners need not be parties to the suit for eviction.



                     3.            In this regard, reliance can be placed on M/s India Umbrella

                     Manufacturing Co. & Ors. v. Bhagabandei Agarwalla (Dead) by

                     LRs. Smt. Savitri Agarwalla & Ors., (2004) 3 SCC 178, wherein the
         Digitally
         signed by
         MANE
MANE SONALI
SONALI DILIP
                     Supreme Court at para no 6 held as under:
DILIP  Date:
       2026.08.25
         14:59:20
         +0530



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Sonali Mane                                                       7-WP-7516-2025.docx



              "6.             It is well settled that one of the co-owners can
              file a suit for eviction of a tenant in the property generally
              owned by the co-owners. (See Sri Ram Pasricha v. Jagannath
              and Dhannalal v. Kalawatibai, SCC para 25.) 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 as an agent of the other co-owners. The consent
              of other co-owners is assumed as taken unless it is shown that
              the other co-owners were not agreeable to eject the tenant and
              the suit was filed in spite of their disagreement".



4.            The Supreme Court in the case of Kanaklata Das and Ors.

Vs. Naba Kumar Das and Ors. reported in (2018) 2 SCC 352 at

paragraph 11 has laid down some well-settled principles on the

questions of law in a suit between the landlord and the tenant.

Particularly in paragraph 11.6 as noted below:


              "11.6. Sixth, if there are co-owners or co-landlords of the suit
              premises then any co-owner or co-landlord can file a suit for
              eviction against the tenant. In other words, it is not necessary
              that all the owners/landlords should join in filing the eviction
              suit against the tenant. (See Kasthuri Radhakrishnan v. M.
              Chinniyan.)"



5.            In view of the same, no case is made out for interference.

Accordingly, the Writ Petition is dismissed.



                                               [ARUN R. PEDNEKER, J.]


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