Summary
In a partition suit, the Court set aside the exemption of certain purchasing co-sharers from accounting for their occupation of the joint property. It required an inquiry into rent and the extent of occupation, prescribed alternative methods of adjustment for the business occupants, and directed completion of proceedings within nine months.
Issues
- Whether a co-sharer who admitted letting out joint property could be absolved from rendering accounts on a claim of self-occupation.
- Whether co-sharers using joint premises for business could be exempted from accounting without determining whether their occupation corresponded to their shares.
- How occupation charges and distribution of the common fund should be adjusted in the final decree.
Held
- The purchaser of a 1% share could not be relieved from accounting when he had himself admitted collecting rent from tenants. Since the rent documents had been found prima facie questionable, the Trial Court must inquire into the appropriate rent payable into the common fund. (¶¶ 18, 18.1, 20.1, 21)
- The purchaser’s vendor having litigated to recover possession did not justify exemption from accounts: the purchaser received vacant possession. His application offering possession had not been pressed at final hearing. (¶¶ 21.1, 21.2)
- The business occupants’ assertion that their possession matched their 15% share had not been adjudicated. The assessment must account for differences in value between portions on different floors; the assertion alone could not support exemption from accounts. (¶¶ 19, 22)
- If the business occupants are found to occupy only their share, they may refrain from contributing occupation charges but cannot then share the fund generated from the remaining 85%. If they occupy more than their share, they must elect before assessment either to contribute for their whole occupation and participate in the common fund, or to contribute for the excess and receive no share from it. (¶ 22)
- Any amount a co-sharer fails to contribute as determined by the Trial Court must be deducted from that co-sharer’s entitlement to the sale proceeds. (¶ 24)
Result
Appeals allowed; High Court judgments set aside, without costs. Defendant No.3(a) and defendant Nos.15–19 must account and/or contribute assessed rent subject to the stated adjustments. Trial Court directed to complete proceedings within nine months of receiving the order.