NRIs entitled to evict tenant from building rented out by co-owner
Thursday, April 28, 2011http://www.indianexpress.com/news/-NRIs-entitled-to-evict-tenant-from-building-rented-out-by-co-owner-/782732/
The Punjab and Haryana High Court has made it clear that a non resident Indian (NRI) is entitled to seek eviction of building co-owned with co-owners. A division bench headed by Justice Hemant Gupta today passed the directions on a petition filed by an NRI woman who had raised the issue.
The question involved in the petition was “whether NRI/ landlord who is a co-owner with other landlords, who do not have the same status, as that of NRI can maintain a petition for eviction of the tenant from the property jointly owned by all of them as to prejudice the other co-owner”. It was asserted that though it is not disputed that a co-owner is entitled to seek eviction of a building owned with other co-owners, who may or may not be NRIs, it is asserted that such right does not entitle an NRI to seek summary eviction.
“A co-owner is owner of each part of the property in husbandlike manner with co-owners. He is entitled to seek ejectment of tenant in premises for his benefits and for the benefit of all other co-owners. Such right is subject to one exception that none of the remaining co-owner objects to such action of the petitioning co-owner. If one of the owners happens to be an NRI, he does not relinquish his character and status as that of a co-owner. Thus, an order of ejectment obtained by an NRI co-owner will bind other co-owners but will not entitle other NRI and/ or a co-owner to seek ejectment of tenant from another building either owned solely by such co-owner or jointly with other persons as co-owner in exercise of right of eviction granted to an NRI,” reads the order.
