In WRIT PETITION NO. 9267 OF 2019, Mrs. Madhuri Doulatram Choitram vs Lachmandas Tulsiram Nayar (HUF), the Bombay High Court has held that where a Karta has not been appointed, any member of the HUF may represent the family in the capacity of a co-owner, in a suit for eviction of tenants from the demised premises.
The High Court has further clarified that for a member of HUF to institute and maintain a suit on behalf of the family, two conditions must be satisfied:
1) All the other members (co-owners) should not have any objection to the suit; and
2) The representative members must satisfy the absence of Karta
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