- (i) When any dispute exists between co-owners of an estate or permanent tenure or of lands held jointly between two or more estates or permanent tenures as to the manager thereof; or(ii)when, owing to the existence of a large number of co-owners in an estate or permanent tenure,or in lands held jointly between two or more estates or permanent tenures, the tenants or landlords are put to inconvenience and harassment in the payment or receipt of rent due, and a common agent has not been appointed for the receipt or payment thereof;the District Judge may, if it appears to him to be just and convenient, on the application of-in case (i)-(a)the Deputy Commissioner, or(b)any one having an interest in the estate or tenure or in any of the estates or tenures,in case (ii)-(a)more than one-fourth of the tenants, or(b)co-owners holding more than half the aggregate interest in the estate or tenure or in any of the estate of tenures,direct notice to be served on all the co-owners calling on them to show cause why they would not appoint a common manager-in case (i), either for the whole of the estate or tenure or tenures, as the case may be, or for those portions of the estate or tenure or tenures, as the case may be, which are effected by the dispute, and in case (ii), for the estate or tenure or estates or tenures in which the tenants or landlords are put to inconvenience or harassment:Provided that a co-owner of an estate, or permanent tenure or a co-owner of lands held jointly between two more estates, or permanent tenures, shall not be entitled to apply under this section unless, he is actually in possession of the interest he claims, and, if he is a co-owner of an estate, unless his name and the extent of this interest are registered under Chapter IV of the Assam Land and Revenue Regulation, 1886.
