Citation Judgement

kaushikphm (Querist) 02 December 2008 This query is : Resolved
Dear Sir,

We have shop with my uncle as coowner
and he has been receiving rent for past
10 yrs as he is a senior member in our family.I sent a letter and afterwards legal notice to the tenant in the year 2006 to give my share to me directly and but it is no vain.
so, I filed a eviction suit against him,made my uncle as a party
and still he is forwarding the
Rent payment to my uncle.
My uncle has not come to court to for chief and cross examination.
Now, this is pending for argument.
Could you please provide citation judgement?

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Prakash Yedhula (Expert) 05 December 2008
As far as the eviction petition is concerned, the term landlord would mean only the person who is receiving the rent, irrespective of ownership. Though you are a co-owner of the demised portion, since the tenant has been paying the rent to your uncle who is the landlord in terms of the Act without any default, you cannot seek to evict him.

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