In privation of Karta, any member of the family may be permitted to prosecute the suit: Bombay HC

In privation of Karta any member of the family may be permitted to prosecute the suit

In the case of a joint Hindu family or undivided Hindu Family, who becomes the manager of the family, who had the power to enter into a contract which is enforceable against all the members of the family. The one who represents the family in all the matters related to social, legal and religious and whose act and transaction on behalf of the family is binding to all the members of the joint Hindu family is known to be the Karta of the Joint Hindu family or Undivided Hindu Family. 

The position of the Karta in a family is like “sui generis” which means his relationship with the members of the family is not as principal and agent nor like partners in a partnerships firm. He is known to be the head of the family members. His relations with other family members based on the fiduciary relationship but he is not the trustee and nobody’s can question his act unless in some circumstances.

Karta is ordinarily a senior most male member of the family and he must be one of the family members as no outsider can become a Karta of the family. As he is the manager of the family then he occupied an important place in the family with power and liabilities related to the members of the family. After the death of the Karta, the Kartaship transfer to the next most senior male member of the family.

Brief facts:

The revision petition was filed by petitioner on the order of the Court of the small cause, Bombay. The suit was initiated by the Karta of the Hindu undivided family against the petitioner on the ground of personal bonafide requirement and subletting. In this case, the petitioner challenged the maintainability of the suit by the member of the Hindu Undivided Family as the Karta of the family died before appointing the next Karta. The suit was filed on the ground of eviction of tenants has done by the member of the Joint Hindu family as the Karta of the family is dead before appointing the next.

Key features:

  • It was submitted that the suit for the eviction filed by the member violates the order XXX Rule 10 of CPC as the suit on behalf of the Hindu Undivided family only filed by the Karta of the family.
  • The suit was instituted by the Karta of the family against the petitioner on the ground for enjoying personal bonafide requirement and subletting.
  • The Karta of the family dies and the suit was proceeded by the member of the Hindu Undivided family.
  • The order XXX rule 10 of CPC talks about only Karta of the family takes any decision in regards to the member of the family.

Order:

It was held by the Court if the Karta has not to be appointed then all the family members of the Hindu Undivided family may implead the suit as a capacity of co-owner to evict the tenants from the premises. The contention of the claimant that Karta is the manager of the Hindu joint family property and only he can maintain the suit for eviction. The court states that Karta is the representative of the Hindu undivided family but in an appropriate case a person who is a senior member not Karta of the family can also maintain the case if the representation is based on the facts. A co-owner is also competent to implead the suit to gain the possession of the family.

Edited by Vartika Gajendra Singh

Approved & Published – Sakshi Raje

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I am Mohita Yadav pursuing BBA. LLB(Hons.) at The ICFAI university, Dehradun. I am dedicated law student who learn through analysing. My basic interest is in field of contract law and constitutional law as no law in land is above the constitution. I love to do research on facts behind religious myth. I believe in intellectual work greatly inspired by Chanakya. At my free time, I like to spent my knowledge as it helps me to memorize and also motivate others. Not the least but I give best of my skill as I know a man is great by his deeds.