Principle that in joint tenancies, notice or proceedings against one legal heir can bind all: Delhi High Court

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Ranjana Dhawan & Ors vs Sanket Behari Mittal & Anr (14 February 2020)

This case involves an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, where the landlord, Sanket Behari Mittal, sought to evict the tenant, Shri Kishan Chand, and his son, Dhiraj Kumar, from the premises located in Chandni Chowk, Delhi.

Key Points:

Initial Proceedings: The eviction petition was filed in April 2017. However, during the proceedings, it was discovered that Shri Kishan Chand had passed away. Consequently, his name was removed from the petition, and the case proceeded against his son, Dhiraj Kumar.

Application for Impleadment: In September 2018, four sisters of Dhiraj Kumar sought to be impleaded in the eviction proceedings, claiming they had inherited the tenancy from their father and were also paying rent. However, their application was rejected by the Trial Court and upheld by the Rent Control Tribunal (RCT) on the grounds that the tenancy was a joint tenancy, and impleadment of one legal heir (Dhiraj Kumar) was sufficient.

Legal Arguments: The sisters argued that the petition against a deceased person (Shri Kishan Chand) was not maintainable, and all legal heirs should have been impleaded from the start. The landlord countered by citing precedents which established that notice to one joint tenant is sufficient for eviction proceedings.

Court's Ruling: The Delhi High Court, referencing established precedents, held that in cases of joint tenancy, the impleadment of one legal heir is sufficient to continue the eviction proceedings. The court found no merit in the sisters' claims, particularly as Dhiraj Kumar had been contesting the eviction on behalf of all heirs. The petition was dismissed, and the eviction proceedings were allowed to proceed to final hearing.

This case reinforces the principle that in joint tenancies, notice or proceedings against one legal heir can bind all, simplifying the eviction process in such scenarios.

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