Recently, the Bombay High Court had ruled that the co-owner of a property has the right to seek eviction of tenants even without a formal partition of the property and without active consent of the other co-owners. This judgement (2026:BHC-AS:17480) by the Bombay High Court cited a landmark Supreme Court case (2006 2 SCC 724) which had given a similar ruling.
The Supreme Court in its judgment on Mohinder Prasad Jain vs. Manohar Lal Jain (2006) 2 SCC 724 case held that any co-owner can file a suit on behalf of the other co-owner. However, if a co-owner objects to such eviction proceedings, it will be relevant and taken into account.
