New Delhi, March 1
In a major relief to owners of a joint property given on rent, the Supreme Court has ruled that if any of the shareholder wanted eviction of the tenant on the ground that he needed the premises for personal use, he needs not to take the consent of the other shareholders to file a suit before Rent Controller.

“A suit filed by a co-owner is maintainable in the law. It is not necessary for the co-owner to show before initiating the eviction proceedings before the Rent Controller that he had taken option or consent of the other co-owners,” a Bench of Mr Justice S.B.Sinha and Mr Justice P.K. Balasubramanyan ruled, while disposing of an eviction dispute from Haryana.

The court said the consent of the other shareholders in a joint rented property became relevant only if any of the co-owners had raised the objection about the filing of eviction proceedings against the tenant.

It said if any of the joint owners of a property could establish that he needed the rented premises for starting his own business, it was not necessary for him to show that he had the experience in running the business.

There is no law which provides for such a pre-condition for starting a business, except in those cases where a licence for running a particular trade was a pre-requisite condition under the law.

The issue of co-owner’s consent and experience in running the business was raised in an appeal by Mohinder Prasad Jain, whose eviction was sought by Manohar Lal Jain from a business premises rented out to the former by his father.