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Pritam Gupta (Teacher)     15 September 2018

About partition

The co-owners of a joint property applied for partition of a five storeyed buiding with adjoining land. But the buiding has two tenants. My question is whether the partition suit in regards to the whole property is maintainable before first evicting the tenants? Please cite any statutory ground if applicable. Thanks.


 5 Replies

Adv Deepak Joshi +917017821512 (Advocate)     15 September 2018

Dear querist,

Nothing can be said with clarity depend upon facts and circumstances of each case.


Deepak Joshi & Associates


Mb/whatsapp +919456777600


Pritam Gupta (Teacher)     15 September 2018

What facts and crcumstances are required to answer the query over and above what has been already stated?

Simple question is whether tenanted portion is impartible or not?

Rajesh Poddar (CEO)     15 September 2018

Eviction of tenants not required for the purposes of partition. Tenancy can be attorned to the co-sharer(s) to whom the tenant portion is alloted in final decree of partition. 

N.K.Assumi (Advocate)     16 September 2018

I agree with Rajesh Poddar, the tenanted portion will be atone after decree of partition, like selling a company or amalgamation of a company.

Pritam Gupta (Teacher)     17 September 2018

OK. Tanks for the replies.

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