What is the definition of a "Tenant" according to Section 106 of the Indian Transfer of Property Act.
Situation is like this:
Husband wife residing in a rented house. Husband is the only signatory for the rent agreement.
Husband and wife started fighting and have filed for divorce.
Husband subsequently vacated and is refusing to pay rent. Wife is not vacating. Hence, husband cannot technically vacate the premises and terminate the agreement. Husband is also unwilling to throw out wife's possessions.
Question 1: In a civil case, can wife also be implicated? If so on what grounds. She has no role in the agreement.
(If she gets implicated, she will vacate because she does not have financial willingness to fight out.)
Question 2: What is the definition of "Tenant" according to section 106.