173. Action to be taken collectively by co-sharer landlords or by their common agent except in certain cases.
(1)Subject to the provisions of Section 139, where two or more persons are co- sharer landlords, anything which the landlord is under this Act required or authorised to do must be done either by both or all those persons acting together or by an agent authorised to act on behalf of both or all of them :Provided that one or more co-sharer landlords if all the other co-sharer landlords are made parties defendant to the suit or proceeding in the manner prescribed in sub-Sections (1) and (2) of Section 139, and are given the opportunity of joining in the suit or proceeding as co-plaintiffs or co-applicants may-(i)bring a suit for ejectment of a tenant on the grounds specified in Section 66, Section 67, or Section 70 ;(ii)bring a suit for enhancement of the rent of a permanent tenure under Section 10 of the holding of an occupancy jotedar under Section 28, or of the holding of an occupancy raiyat under Section 31, or for alteration of rent on account of alteration in area under Section 58 ;(iii)bring a suit under Section 103 ;(iv)apply to the Deputy Commissioner for a declaration under the first proviso to sub-Section (1) of Section 17 ;(v)make an application as regards improvements under Section 62 or Section 64 ;(vi)apply for measurement under Section 96 ;(vii)file an application under Section 161 ;(viii)apply for a record of private land under Section 121 ;(ix)apply for the determination of the incidents of a tenancy under Section 124 :Provided also that it shall be competent for any co-sharer to serve a notice under Section 72, or to file a notice under Section 82, if he has served in the prescribed manner a copy of such notice on the other co-sharer landlords.(2)Any decree passed or under made in a suit or proceeding, in which the conditions set forth in sub-Section (1) of this section are complied with, shall have the effect of a decree passed or order made on the application of the sole landlord or the whole body of landlords shall take effect as regards the entire tenancy as the case may be :Provided that, when a suit is brought under Section 10 or Section 28 or Section 31 for enhancement of rent, or when an application is made under Section 101 by a co-sharer landlord for settlement of rent, the Court of Revenue Officer, as the case may be, when the rent has been fixed or settled, shall distribute any amount by which the rent has been increased or reduced between the co-sharer landlords of the tenancy in proportion to their respective shares in such tenancy, whether they have or whether they have not joined as plaintiffs or applicants, and such distribution shall be binding on all the co- sharer-landlords as if they had sued or applied for the same, and for the purposes of any appeal, application or suit in regard to such distribution they shall be deemed to have sued or applied under sub-Section (1) of this section together with the plaintiff or applicant.Agents and representatives of landlords
