142. Suit by co-sharer landlord for rent - (1) Notwithstanding anything contained in Section 257, a co-sharer landlord may institute a suit to recover from a tenant,-
(a)his share of the rent, when such share is collected separately, or(b)the whole of the rent due to the plaintiff and his co-sharers, when all or any of his co-sharers, who refuse to join in the suit are made defendants therein.(2)When in a suit instituted under clause (b) of sub-section (1), the plaintiff is unable to ascertain what rent is due for the whole tenure or holding, or whether the rent due to the other co-sharer landlords has been paid or not, owing to the refusal or neglect of the tenant or the said landlords to furnish him with correct information on these points or either of them, the Deputy Commissioner shall determine,-(i)what sum (if any) is due to the plaintiff for rent, interest thereon, and costs, and(ii)what sums (if any) are due to the said landlords, respectively on account of their share of the rent and interest therein, for the period in respect of which the suit is brought; and shall decree the suit accordingly.(3)Notwithstanding anything contained in Explanation 1 to Section 47, or in Section 196, a decree awarding to a plaintiff a sum referred to in clause (i) of subsection (2) 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.(4)When the sums due from a tenant to any co-sharer landlord are determined under clause (ii) of sub-section (2), in respect of any period, then no further suit shall lie against such tenant for rent alleged to be due to such landlord in respect of that period.
