Sarojini Lawrence et al. vs N. Jayachandran and Remico Industries (Pvt) Limited – CA 1542/2004-2011

The case between Sarojini Lawrence and Remico Industries (Pvt) Limited addressed whether the 2nd Respondent, Remico Industries, was entitled to protection under the Rent Act as a tenant or lessee following a partition decree and whether the Plaintiff, upon being allotted Lot 1, was entitled to a writ of possession under Section 52 of the Partition Law to evict Remico Industries. It was held that Remico Industries was not entitled to protection under the Rent Act in these circumstances, and the Plaintiff was entitled to delivery of possession. The decision reaffirmed the principle that partition decrees are binding and that the right to writ of possession under the Partition Law is statutory and fundamental, taking precedence over general protections provided under the Rent Act. This outcom