K. MADHAVA REDDY, J.

( 1 ) A petition for eviction was filed by the respondent herein on the allegation that the revision petitioner, who is admittedly a tenant, had committed wilful default in payment of rents. The tenant pleaded that the respondent was not the sole landlord but that he had only 1/8th share and that his wife had 1/8th share in the premises and therefore he was not entitled to file a petition for eviction without joining the other co-owners. That contention was repelled by both the Courts and eviction was ordered.

( 2 ) IN this revision petition, Mr. Trivikrama Rao, learned counsel for the tenant having regard to a decision of this Court in Damodaram Chetti v. Rukmani Amma, 1967-2 Andh Pra WR 200 contends that without joining the other co-owners, one of the co-owners is not entitled to maintain a petition for eviction of a tenant. In particular he relies upon the following observations of the Bench:"we have no hesitation in holding that one of the joint owners or co-owners can ask for eviction of a tenant who has been let in by both the owners notwithstanding that the other co-owner or co-owners are not willing to join the plaintiff or the petitioner in seeking for

Click Here to Read the rest of this document