It is not necessary that business on an immovable property owned by a joint family is also owned by the said family

Last updated: 19 April 2021

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The Supreme Court has ruled that business conducted on immovable property owned by a joint family is not necessarily owned by that family. This decision arose from a case where a tenant claimed rights based on joint Hindu family succession to a hotel business. The court examined whether the Karta of the family was competent to surrender tenancy rights, impacting the appellant's subsequent tenancy.

Court :
Supreme Court of India

Brief :
The challenge in the present appeal is to an order passed by the High Court of Judicature at Patna dated 6.2.2013 whereby a writpetition filed by respondent No. 41 herein was allowed, holding that the tenant in the premises in question was representing a joint Hindu family and that the Karta was not competent to surrender the tenancy rights in favour of respondent No. 1-TheBihar State Sunni Wakf Board2 and consequently the induction ofthe appellant as a tenant by the Wakf Board was illegal.Accordingly, a direction was issued to dispossess the appellant from the suit premises and to handover the vacant possession to the plaintiff.

Citation :
Civil Appeal No. 6149 of 2015

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