135. Decree for rent valid against entire tenancy when defendants represent entire body of tenants.
(1)Notwithstanding anything contained in the Indian Contract Act, 1872, all co- sharer tenants and their successors in interest shall be liable to the landlord jointly and severally for that rent payable to such landlord on account of the tenancy whether such rent has accrued during the time of their own occupation or during the time of the occupation of their predecessor in interest and the right, title and interest of such tenants, as are made parties defendant to the suit, shall pass by a sale in execution of a decree obtained against him.(2)Notwithstanding anything contained elsewhere in this Act or in any other law a decree for arrears of rent due in respect of a tenancy by a sole landlord, or by a co-sharer landlord in accordance with the provisions of Section 139, and a sale in execution of such decree, shall be valid against all the co-tenants, whether they have been made parties defendant to the suit or not, and against the holding in the manner provided in Part II of this Chapter, if the defendants to the suit are found by the Court; which decides the issue to have represented the entire body of co-sharer tenants in the tenancy for the rent of which the suit was brought.(3)The entire body of co-sharer tenants in the tenancy shall not, for the purposes of sub-Section (2) be deemed to be represented by the defendants to the suit unless such defendants include-(i)all the co-sharer tenants in the tenancy who are actually residing in the village or villages in which the lands of the tenancy are wholly or partly situated at the time of the institution of the suit,(ii)such of the co-sharer tenants in the tenancy as may have, at any time during the three years provision to that for the rent of which the suit is brought, made any payment of rent due in respect of the tenancy, and(iii)all other co-sharer tenants in the tenancy whose names are entered in the landlord's rent-roll.
