Recovery Of Rent In Co-owner's Suit

I am the co-owner of a property which is on rent. The tenant is not paying the rent for the last four months, but the other co-owners of the property are not interested in filing any case for the recovery of the arrears. Can I file a case for recovery of my share of the arrears of rent ?
Posted 1 year ago  | 

1 Answer(s)

Ravindra Purohit

In a Co-owner’s suit for recovery of proportionate rent and splitting up of tenancy, it is open to a co-owner to pray for a decree for his share of arrears of rent by filing a suit on the basis of unified and integral tenancy and without making any effort to split up the same. It cannot be said that a co-owner must sue for the entire arrears of rent and if he does not do so he cannot maintain an action.

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