JAHURI SAH & ORS. vs DWARKA PRASAD JHUNJHUNWALA & ORS.

The Supreme Court held that the suit was not incompetent due to the non-impleadment of an adopted co-owner, as the adoption was acknowledged in the plaint and not specifically denied. The Court ruled that an agreement to pay compensation for occupation does not create a landlord-tenant relationship, making the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 inapplicable. Co-owners can agree on terms for the enjoyment of their undivided property without necessitating ouster for compensation claims.