'Eviction Proceedings Cannot Be Continued Against Tenant Who Has Become Co-Owner Of Property': Bombay High Court

The Bombay High Court has held that eviction proceedings cannot be continued against a tenant who has subsequently become a co-owner of the property. The Court observed that once a tenant acquires ownership rights in the premises, even to the extent of a share, his status changes and eviction proceedings cannot be pursued against him.

Justice Rajesh S. Patil was hearing a civil revision application filed by a tenant challenging the appellate decree passed in an eviction suit instituted on grounds including unauthorised construction, subletting, change of user, bona fide requirement and arrears of rent. During the pendency of the revision proceedings, the tenant purchased 50% share in the suit property from the legal heirs of one of the co-owners by a conveyance deed dated 22 April 2016. It was contended that upon such purchase, the tenant became a co-owner and the eviction proceedings could not be continued against him.

The Court examined the legal position governing eviction by co-owners and referred to the Supreme Court judgment in Mohinder Prasad Jain v. Manohar Lal Jain [(2006) 2 SCC 724], which recognised that while one co-owner can initiate eviction proceedings, such proceedings cannot continue if another co-owner objects or if subsequent events extinguish the entitlement to evict.

The Court analysed different situations arising in co-ownership and held that where a tenant purchases a share in the property during the pendency of eviction proceedings, he acquires a dual capacity. It observed that once such an ownership interest is acquired, the tenant's status is elevated and the landlord cannot continue eviction proceedings against him in respect of the same premises.

“… where there are two co-owners and the 50% share of one of the owners at any stage of the eviction proceedings is purchased by the said tenant by way of a conveyance, in my opinion, the eviction proceedings can't be proceeded against the said tenant. As on one hand he becomes 50% owner and on another hand his tenancy continues,” the Court observed.

The Court further held that even where one of the co-owners has transferred his share to the tenant and has expressed unwillingness to continue the proceedings, the eviction proceedings cannot be pursued. It observed that such subsequent events have a direct bearing on the entitlement of the co-owners to seek eviction.

On facts, the Court noted that the applicant had become the owner of 50% share of the property and had also initiated proceedings for partition. It held that in view of the change in status and the objection of one of the co-owners, the eviction proceedings could not be sustained.

Accordingly, the High Court allowed the civil revision application, quashed and set aside the judgment and decree passed by the Appellate Court, and restored the judgment of the Trial Court dismissing the eviction suit.

Case Title: Krishnakumar K. Ashar vs. Archie John Varel & Ors. [Civil Revision Application No. 752 of 2014]

Citation: 2026 LiveLaw (Bom) 187

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