( 1 ) THIS revision application preferred under sec. 29 subsec. (2) of the Bombay Rents Hotel and Lodging House Rates Control Act 1947 (hereinafter referred to as the Rent Act) has been placed before us on a reference made by Mr. Justice D. P. Desai. Two questions have been referred to us. One is whether some only out of several coowners of property can effectively determine a tenancy by giving notice to quit and the other is whether a suit to evict a tenant can be filed by one or more coowners without joining other coowners in the suit. Both questions are of frequent occurrence in cases arising under the Rent Act and even under the general law of landlord and tenant they have a certain importance and it is therefore necessary that they should be carefully examined and finally laid at rest by a Full Bench decision of this Court.

( 2 ) THE first question which falls consideration is whether in a case where a property owned by two or more coowners is let out to a tenant a notice to quit given by some only out of them is sufficient to determine the tenancy or it is necessary that the notice to quit must be given by or on behalf of all coowners. We shall presently examine this question on principle as also on authority but before we do so we may clear the ground by pointing out that there are two main forms which coownership of property may assume: one is joint tenancy and the other is tenancy in common. It is not necessary for the purpose of the present discussion to examine in detail the distinctive features of these two forms of coownership but we may briefly indicate the principal characteristics of each. The two main features of a joint tenancy are the right of survivorship and the four unities. The right of survivorship is above all others the distinguishing feature of joint tenancy. On the death of a joint tenant his interest in the property passes to the her joint tenants by right of survivorship and this process continues until there Hut one survivor who then holds the property as sole owner. The four unities of a joint tenancy are unities of possession interest title and time. The concept of unity of possession involves that each coowner is as much entitled to possession of any part of the land as the others. The other three unities namely unities of interest title and time are no doubt essential attributes of a joint tenancy but they are not material and we need not pause to consider them. A tenancy in common is quite different. It differs greatly from a joint tenancy. Unlike joint tenants tenantsincommon hold the property in undivided shares: each tenantincommon has a distinct share in the property which has not yet been divided amongst the tenantsincommon. There is also no right of survivorship amongst tenantsincommon: when a tenantincommon dies the devolution of his interest is not governed by the right of survivorship but it passes under his will or intestacy for his undivided share is his to dispose of as he wishes. Lastly though the four unities of a joint tenancy may be present in a tenancyincommon the only unity which is essential is the unity of possession. Each tenant in common is entitled to possession of the entire land that is to say every part of it as much as the others. Vide Jahuri Shah v. D. P. Jhunjhunwala A. I. R 1967 S. C. 109. Now when property is transferred to two or more persons a question may arise whether the transferees take as joint tenants or as tenantsincommon. The rule of English law is to presume that a transfer to a plurality of persons creates a joint tenancy unless there are words of severance. The law in India is however different. It has always been held in this country that where there is a transfer to two or more persons they must be presumed to take as tenantsincommon unless there are clear words conveying a contrary intention. Vide Jogeshwar Narain Deo v. Ram Chand Dutt 23 I. A. 37: Mahmad Jusab Fatima Bai 49 Bom. L. R. 505.

( 3 ) HAVING discussed the two forms