Under the pre-1882 rule stated by the Calcutta High Court in Ishwar Chunder Dutt v. Ram Krishna Das…
The 1880 Full Bench held that the sale did not itself split the rent. All parties concerned could agree to apportion it. Without agreement, the purchaser could give due…
Choose your answer
Under the pre-1882 rule stated by the Calcutta High Court in Ishwar Chunder Dutt v. Ram Krishna Das (1880), part of the landlord's interest in an existing lease was sold. There has been no court-ordered apportionment. When can the rent be apportioned by agreement?
Answer and explanation
Correct answer A
The 1880 Full Bench held that the sale did not itself split the rent. All parties concerned could agree to apportion it. Without agreement, the purchaser could give due notice and sue the tenant for apportionment, joining all the other co-sharers.
Option feedback
Option A
The historical decision recognized an arrangement among all parties concerned.
Option B
If agreement is not obtained from all parties, the purchaser can pursue judicial apportionment with proper parties after notice.
Option C
A subset of co-owners could not unilaterally change the entire rent obligation.
Option D
The sale of a share did not automatically apportion rent.
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