Supreme Court of India · 2017-03-29
GAURI SHANKAR vs RAKESH KUMAR .
- Citation / case number
- SC 2014/39419
- Court
- Supreme Court of India
- Petitioner
- GAURI SHANKAR
- Respondent
- RAKESH KUMAR .
- Author
- A.M.KHANWILKAR
- Bench
- DIPAK MISRA,A.M. KHANWILKAR,MOHAN M. SHANTANAGOUDAR
Judgment text excerpt
The Supreme Court addressed the issue of whether one joint tenant can unilaterally surrender tenancy rights without the consent of the other. The Court held that such a surrender, if done without consent, is not binding on the other joint tenant, establishing that the rights of a co-tenant cannot be compromised without mutual agreement. The Court overturned the lower courts' decisions that had upheld the unilateral surrender, thereby favoring the Appellant's claim for tenancy rights in the suit shop.