![]() ![]() ![]() Where the right to evict a tenant could not be claimed by a landlord under S. ![]() 14 (6) is to prevent transfers by landlords as a device to enable the purchasers to evict the tenants from the premises let out to them. Transfer of Property Act (4 of 1882), S.5. (B) Delhi Rent Control Act (59 of 1958), S.14(6)- Houses and Rents – Object of – Partition of coparcenary property – Not a transfer within S. As this is the true nature of a partition, the contention that partition of an undivided Hindu family property necessarily means transfer of the property to the individual coparceners cannot be accepted. That being so, partition really means that whereas initially all the coparceners had subsisting title to the totality of the property of the family jointly, that joint title is transformed by partition into separate titles of the individual coparceners in respect of several items of properties allotted to them respectively. Having regard to the basic character of joint Hindu family property, each coparcener has an antecedent title to the said property, though its extent is not determined until partition takes place. ![]() Ajit Kumar Poplai AIR 1966 SC 432: (1966) 1 SCR 349Ī) Transfer of Property Act (4 of 1882), S.5- Partition of Hindu joint family- Nature of transaction – Not a transfer. ![]()
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