Partition and tenancy rights: contractual terms can limit compensation for improvements, while adverse possession against co-owners needs clear hostile possession.

A co-owner who also held the other sharers' interest under a tenancy arrangement could not, in a partition suit, invoke the full equitable rule for compensation for improvements where the parties' contract specifically regulated structures, removal rights, and damages; the appropriate relief was limited to allotting, so far as practicable, the land on which the structures stood. A claim of adverse possession over land not covered by the leases failed because the evidence did not show clear, hostile, and exclusive possession against co-owners. The service objection also failed because valid registered and subsequent notice had already been effected, and the later unnecessary resort to substituted service did not invalidate the completed service.

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Issues: (i) Whether a co-owner who had also entered into a tenancy arrangement with the other co-owners could, in a partition suit, claim compensation from the other sharers for improvements made on the joint property beyond an allotment of the land on which the structures stood; (ii) Whether the defendant had acquired title to the 9 cottas of land not included in the leases by adverse possession; (iii) Whether the service effected on one of the defendants was invalid.

Issue (i): Whether a co-owner who had also entered into a tenancy arrangement with the other co-owners could, in a partition suit, claim compensation from the other sharers for improvements made on the joint property beyond an allotment of the land on which the structures stood.

Analysis: The defendant had taken a lease and later a kabuliyat from the plaintiffs, and after acquiring a one-third share from other co-owners he still held the plaintiffs' share as a tenant holding over. On the expiry of the tenancy, the bargain between the parties expressly governed the position as to structures and improvements, including the right to remove buildings and the denial of damages. The equitable principle applicable to a co-owner in possession of joint property was therefore not available in its full width, because the defendant's position was controlled by the tenancy arrangement and the parties had already contracted with reference to improvements. The proper relief was only to allot, as far as possible, the portion on which the structures stood.

Conclusion: The claim for compensation or further adjustment on account of improvements was rejected and the decree limiting relief to allotment of the improved land was upheld.

Issue (ii): Whether the defendant had acquired title to the 9 cottas of land not included in the leases by adverse possession.

Analysis: The evidence did not support any clear, hostile, and exclusive possession adverse to the co-owners. The land was used in connection with the mill and for ancillary purposes, which was insufficient to establish adverse possession against co-owners.

Conclusion: The adverse possession claim failed.

Issue (iii): Whether the service effected on one of the defendants was invalid.

Analysis: The initial registered notice and the subsequent notice satisfied the applicable service requirements, and the later attempt at substituted service was unnecessary but did not vitiate the effective service already made under the procedural rules.

Conclusion: The service objection was rejected.

Final Conclusion: The appeal disclosed no ground for interference and the partition decree was maintained in substance, with the appellant receiving no further relief beyond the allotment already directed.

Ratio Decidendi: Where a co-owner holds the other co-owners' share under a tenancy arrangement that specifically regulates improvements, the Court will not, in a partition suit, compel compensation for improvements beyond allotting the improved portion as far as possible; adverse possession against co-owners requires clear hostile possession, and effective service is not undermined by an unnecessary irregularity where proper service has already been completed.

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