Contract of Tenancy with Karta of a Joint Hindu Family does not mean that tenancy is a joint family asset.

The Supreme Court held that “The evidence produced by the plaintiff is payment of rent by either Ram Sewak Ram or by the grandfather of the plaintiff. Such payment of rent is not indicative of the fact that the hotel business was by the joint Hindu family. This Court in a judgment reported as G. Narayana Raju (Dead) by his Legal Representative v. G. Chamaraju & Ors. 18, held that there is no presumption under Hindu Law that business standing in the name of any member of the joint family is a joint business even if that member is the manager of the joint family, unless it could be shown that the business in the hands of the coparcener grew up with the assistance of the joint family property or joint family funds or that the earnings of the business were blended with the joint family estate.”

Kiran Devi Vs. The Bihar State Sunni Wakf Board & Ors., dated 05.04.2021.