The Madhya Pradesh High Court has held that children cannot prevent their elderly parents from dealing with property unless they establish a strong prima facie case showing the existence of coparcenary rights.

The Court observed that casually restraining senior citizens from enjoying or alienating property in the evening of their lives would amount to a “travesty of justice.”

The Supreme Court set aside the impugned orders passed by the Allahabad High Court in a landlord-tenant dispute from Kanpur and remanded the matter to the trial court for fresh consideration of the application seeking striking off the tenant’s defence under Order XV Rule 5 of the Code of Civil Procedure.

The case arose from eviction proceedings filed by landlords Dharmendra Kalra and others against tenant Kulvinder Singh Bhatia, who was operating “Gyan Vaisnav Hotel” in a commercial property at Kaushalpuri, Kanpur.

The Supreme Court of India has clarified that an arbitration clause contained in an earlier redevelopment agreement can become binding in later agreements if those agreements clearly adopt all terms of the original contract.

The dispute arose after Hirani Developers entered into a redevelopment agreement with Nehru Nagar Samruddhi Co-operative Housing Society in 2011 for redevelopment of a dilapidated property. The agreement included an arbitration clause under Clause 36 for resolving disputes through a sole arbitrator.