Partition of leased premises allows separate eviction rights for each co-owner after bona fide severance of the tenancy

After bona fide partition of jointly owned leased premises by metes and bounds, each co-owner becomes the separate owner and lessor of the allotted portion and may enforce eviction rights in respect of that severed share. A tenant cannot insist on the perpetual indivisibility of the tenancy or prevent partition, though the tenant may challenge a partition that is sham or not bona fide. On the facts stated, the respondent's tenancy in part of the premises had merged with ownership after purchase of the remaining portion, and eviction was held maintainable for the disputed portion.

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Issues: Whether, after partition of jointly owned leased premises, one co-owner can maintain eviction proceedings in respect of the severed portion and whether the tenant can resist eviction on the ground that the tenancy is indivisible.

Analysis: The governing provisions of the Transfer of Property Act recognise apportionment of rent and severance of obligations on transfer or division of property. Where co-owners partition the demised premises by metes and bounds and acquire definite and identifiable shares, each becomes the separate owner and lessor of the allotted portion. A tenant cannot insist that joint ownership must continue forever, nor can he prevent the lessors from partitioning the property among themselves. The tenant may, however, challenge the partition if it is shown to be sham or not bona fide. On the facts, the respondent also purchased the remaining portion of the shop during the appeal, so his tenancy in relation to that portion merged with ownership, leaving him in occupation only of the disputed portion.

Conclusion: The eviction petition was maintainable and the landlord was entitled to evict the respondent from the disputed portion.

Ratio Decidendi: A lease of jointly owned premises is not perpetually indivisible; after bona fide partition of the demised property into separate and identifiable shares, each co-owner may enforce the landlord's rights in respect of the allotted portion, subject to the tenant's right to challenge a sham partition.

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