CH Act.
Section 49.
Suit by co shares can not be dismissed as barred by section 49 of CH Act just because his name not appeared in consolidation papers.
Name of other co share shall be deemed to be in representative capacity.
The rights of the co-sharers will not at all come to an end under Section 49 of the Act, on the notification under Section 52 due to not claiming partition of his share and separate chak in his name and till there is no ouster from the joint property his right in the property will continue to exist.
Allahabad High Court
Kulpavitra Tyagi vs Board Of Revenue Meerut And 27 Others
Decided on 13 May, 2024