Suit – Rendition of accounts by co-sharers – Defendant No.3(a) and defendant Nos.15 to 19, if were liable to render accounts: Held: Yes – Admittedly, defendant No.3(a) had rented out a portion of the property and collected rent therefrom, thus, there was no good reason for the High Court to have absolved him from rendition of accounts – However, as the plea sought to be raised by the defendant No.3(a) regarding rent notes produced by him were prima facie found to be sham transactions, as the market rate of the rent of the portion in control of the defendant No.3(a) was much more at that time, the Trial Court will hold an inquiry on this aspect and fix appropriate rent to which the defendant No.3(a) would be liable to contribute to the common kitty for appropriation amongst all the co-sharers – High Court erred in finding that the defendant No.3(a), being in self-occupation of the part of the property, being a co-sharer, will not be liable to render any accounts to arrive at such a conclusion – Reference was made to the fact that his vendor (defendant No.3) had contested litigation with the tenant (defendant No.10) and spent huge amount thereon – But the fact remains that the Defendant No.3(a) had purchased the property from defendant no.3 after it was already vacated by the tenant and he was handed over vacant physical possession thereof – Further, defendant Nos.15 to 19 were absolved from rendering account on the ground that the portion in their possession was to the extent of their share in the property – However, this issue has not been determined by any authority – High Court erred in holding that defendant No.3(a) and defendant Nos.15 to 19 were not liable to render any accounts – Impugned judgments set aside – Defendant No.3(a) and defendant Nos.15 to 19 to render accounts and/or liable to contribute rent as assessed by the Trial Court during the course of passing of final decree for the portions in their respective possession. [Paras 20, 21, 21.2, 22, 23]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.