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Showing contexts for: ejectment execution in Mangaldas Girdhardas vs Govindlal Ishwarlal on 16 March, 1944Matching Fragments
Divatia J.
4. I agree. There is no doubt that under the ordinary law of landlord and tenant the petitioner, who is a sub-tenant, is not a necessary party to this suit by the superior landlord for the eviction of his tenant. There is no privity between the petitioner and the superior landlord. A necessary party is one without whose presence no decree could be passed. That, however, is not the case here. The subtenant has admittedly not taken any assignment of the lease in favour of the tenant. It is, therefore, clear that the superior landlord is entitled to eject his tenant, and the sub-tenant deriving his title under the tenant is also liable to be ejected in execution of the decree.