Law:

Section:

Landlord and tenant-----   -----Ejectment-Several co-sharer-landlords must have knowledge and should assent to ejectment though they may be impleaded as plaintiffs or pro forma defendants-Decree for ejectment in favour of one of several landlords has nothing to do with ownership or other rights of co-sharers and mortgagees if any.     ORDER   This is a second revision filed against an order dated the 5th of August 1964, passed by Additional Commissioner, Peshawar, whereby the revision preferred by the respondents Nos. 1 to 8. was accepted.   The facts of the case are that the petitioner brought a suit for ejectment and payment of arrears of rent against respondents Nos. 1 to 8. Respondents Nos. 9 to 15 being co-owners were also impleaded as pro forma defendants. The Assistant Collector passed a decree for ejectment but the claim of the plaintiffs for rent was dismissed as they refused to get payment which had been deposited in the treasury. The respondents went to appeal to the Collector but it was dismissed. They then went in revision to the Additional Commissioner who accepted it. Hence this second revision.   I have heard the learned counsel for the parties. The main question for determination is, whether ejectment of a tenant can take place at the instance of one of the co-sharers. The essence of all the legal decisions is to the effect that no tenant should be ejected without the knowledge of all the co-sharers. They have to act jointly but this joint action can take the form of either joining…