Supreme Court of India · 2005-11-23
M/S Karta Ram Rameshwar Dass vs Ram Bilas And Others
- Citation / case number
- AIR 2006 SUPREME COURT 362
- Court
- Supreme Court of India
- Petitioner
- M/S Karta Ram Rameshwar Dass
- Respondent
- Ram Bilas And Others
- Author
- B.N.Agrawal
- Bench
- B.N.Agrawal, A.K.Mathur
Judgment text excerpt
The Supreme Court addressed the partition of a shop under the Haryana Urban (Control of Rent and Eviction) Act, 1973, emphasizing that a tenant's rights must be respected during partition proceedings. The Court upheld the trial court's decree for longitudinal partition, ensuring the tenant's continued occupation unless legally evicted. The judgment clarified that partitioning must consider the tenant's rights and the value of the portions being divided, reinforcing the principle that tenants cannot be evicted without due process under the Act.