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    <title>1996 (10) TMI 492 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=188848</link>
    <description>The Supreme Court allowed the appeal, set aside the High Court&#039;s judgment, and decreed the eviction suit with costs throughout. The Court clarified that the indivisibility of the tenancy can be severed by partition among co-owners, emphasizing the applicability of Section 109 of the Transfer of Property Act regarding the transfer of property rights. It was held that partition among co-owners results in each owner having identifiable shares, enabling them to deal independently with their portion, including initiating eviction proceedings. The respondent&#039;s purchase of the remaining portion of the shop merged his tenant interest with ownership, making the eviction suit maintainable for the disputed portion.</description>
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    <pubDate>Fri, 11 Oct 1996 00:00:00 +0530</pubDate>
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      <title>1996 (10) TMI 492 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=188848</link>
      <description>The Supreme Court allowed the appeal, set aside the High Court&#039;s judgment, and decreed the eviction suit with costs throughout. The Court clarified that the indivisibility of the tenancy can be severed by partition among co-owners, emphasizing the applicability of Section 109 of the Transfer of Property Act regarding the transfer of property rights. It was held that partition among co-owners results in each owner having identifiable shares, enabling them to deal independently with their portion, including initiating eviction proceedings. The respondent&#039;s purchase of the remaining portion of the shop merged his tenant interest with ownership, making the eviction suit maintainable for the disputed portion.</description>
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      <pubDate>Fri, 11 Oct 1996 00:00:00 +0530</pubDate>
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