139. Procedure in suit for rent by co-sharer landlords.
(1)A co-sharer landlords may institute a suit to recover the rent due to him in respect of his share in a tenancy, by making all the remaining co-sharer landlords parties defendants to the suit, and claiming that relief, be granted to him in respect of his share of the rent against the entire tenancy.(2)On the plaint being admitted, the Court shall, by summons in the prescribed form, call upon the remaining co-sharer landlords aforesaid to join in the suit as co-plaintiff, for their share of the rent due to them in respect of the tenancy up to the date of the institution of the suit.(3)On the date named in the summons for his appearance or on any subsequent date fixed by the Court in this behalf, any co-sharer landlord, who has been summoned as defendant, may apply to join in this suit as a co-plaintiff, and on his paying the court-fee on the amount of his claim, he shall be joined as a co- plaintiff in respect of the rent claimed to be due to him up to the date of the institution of the suit.(4)If it comes to the notice of the Court that any co-sharer landlord has before the service upon him of a summons under sub-section (2), instituted a separate suit to recover his share of the tenancy, the separate suit shall be consolidated with that brought under sub-section (1) and such co-sharer landlord shall be deemed to be a co-plaintiff and shall amend his plaint so as to claim the rent due to him up to the date of the institution of suit under sub-section (1):(5)The summons on all the defendants to the suit, other than co-sharer landlords, shall thereafter be served, and the Court shall thereupon proceed to the trial of the suit.(6)A decree passed by the Court for the rent claimed in a suit brought in accordance with the foregoing provisions of this section shall so far as may be, specify separately the amounts payable to each co-sharer and shall, as regards the remedies for enforcing the same, be as effectual as a decree obtained by a sole landlord or an entire body of landlords in a suit brought for the rent due to all the co-sharers.(7)When a suit has been instituted under the provisions of sub-Section (1), no co-sharer landlord who has been made a partly defendant thereto and duly served with summons issued under sub-Section, (2) shall entitled to recover, save as co-plaintiff in that suit, any rent in respect of the tenancy for the period in suit or for any period previous thereto.(8)When a suit, instituted under the provisions of sub-Section (1), has been withdrawn with leave to bring a fresh suit, the procedure, remedies and disabilities hereinbefore provided this section shall apply to such fresh suit when instituted and to the parties thereto.(9)In the event of tenancy not being sold as a result of a suit instituted, under sub-Section (1) nothing contained in Rule 2 of Order II in Schedule I to the Code of Civil Procedure, 1908, shall preclude co-sharer landlord who has been joined as plaintiff under sub-Section (3) or is deemed to be a co-plaintiff under sub-Section (4) from receiving by suit, rent and interest due to him and damages, if awarded, in respect of the tenancy for the period subsequent to the date of the institution of the suit under this section.(10)If the rent claimed in a plaint as amended under sub-Section (4) is less than the rent claimed in the original plaint in the separate suit referred to in that sub-section, the balance of rent may be recovered under the provisions of sub-Section (9) or of clause (c) of sub-Section (1) of Section 160.
