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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.

GAURI SHANKAR vs RAKESH KUMAR . · Niyam