Details of tenants for share in rent

You can file an affidavit with the court stating that some co-owners are given the property for rent when the partition suit is pending.  Did you not ask your counsel regarding this?

In a suit for partition, tenants do not have a claim to the property and thus are generally not considered necessary parties.

The courts have held that tenants cannot challenge the partition made by the landlord, especially when the landlord-tenant relationship is not in dispute.

Therefore, if you hve the knowledge that some of the coowners have let out a portion or the entire suit property on rent to various tenants, you may file a petition before the court seeking a share in the mesne profits, alternately to direct the coowner to  deposit the rental amount with the court till the disposal of the main suit.

It is your duty to collect the details of the tenant and the rental amount through your own sources, there is no legal remedy for this

Thank you advocates for replying with valuable information. 

I forgot to mention that all the tenants are small businesses such as snacks shops and tea shops built in temporary structures on originally vacant land. 

My lawyer himself asked me to get the data of the tenants such as their names, residential addresses of the tenants (they are not residing at our property), details of trade licenses, if any, monthly rent and so on. I spoke to the tenants, but I felt they are giving false information. 

So, I want to know whether there is any way of getting authentic information from the tenants, which would be binding upon them. Can I send them legal notice at the tenanted premises demanding the information? Can I demand their AADHAAR card copies? Can I request the local police station to conduct police verification?

Is it possible to file a petition within the partition suit demanding a share in the rent without actually giving details of tenants by saying I am entitled to rupees one lakh per month towards my share in rent?

Thank you. 

In the suit whether the Court has restrained the parties to create third party interest in the suit property especially qua possession ? 

What I can make out from later part of this post that few tenants have been inducted by defendant(s), they have occupied vacant land,  which is under partition with temporary structure on it, isn't it ? If so, how does it affect title / declaration of share of the parties in suit property, as prayed ? Accordinngly the tenants are not a necessary party for adjudication the suit for partition and there is no need to implead them and drag the suit.

However, your lawyer is well aware about facts and circumstances of the case. Being an able, compentent, intelligent, the only and right person to analyse the situation to form proper opinion and advise, where we can presume some vital input, which may or may not be approriate  in your case.

If you are not satisfied with the opinion, advice, performance or behaviour of your lawyer s/he should be replaced immediately.

As opined earlier, it is not necessary that you hav to furnish the details of the tenants in the suit property.

You may file a petition seeking a share in the rental amount received by the defendant by letting out the suit property on rent during the pendency of suit till disposal of suit.

If the defendant denies the fact of letting out the premises on rent then you can prove the same with documentary evidences.

Besides, you will not get the desired information through the tenant because the tenants are very well aware of the pending suit hence you may have to try some other source to collect the information, we from this place cannot advise anything beyond this.