Supreme Court of India · 2019-12-18
VINAY EKNATH LAD vs CHIU MAO CHEN
- Citation / case number
- SC 2008/36789
- Court
- Supreme Court of India
- Petitioner
- VINAY EKNATH LAD
- Respondent
- CHIU MAO CHEN
- Author
- HON'BLE MR. JUSTICE ANIRUDDHA BOSE
- Bench
- HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE DEEPAK GUPTA
Judgment text excerpt
The Supreme Court addressed the issue of locus standi in a tenancy dispute, focusing on the rights of the original plaintiffs under Section 48 of the Indian Partnership Act, 1932. The Court held that the original plaintiffs, as co-owners, had the right to terminate the tenancy under Section 106 of the Transfer of Property Act, despite the defendant's claims regarding the lack of jural relationship and proper conveyance. The High Court's reversal of the Trial Court's decree was set aside, affirming the plaintiffs' right to seek possession and mesne profits.