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Showing contexts for: ejectment execution in Purshottam Das Mahrolia vs Sanjay Kanchan And 3 Others on 3 March, 2020Matching Fragments
12. It is settled in law that sub-lessee/subtenant is neither a necessary nor a proper party in a suit for eviction. In this regard, it would be apt to refer paragraph 12 of the judgement of Apex Court in the case of Rupchand Gupta (supra) which is being extracted hereinbelow:-
"12. Taking the last action first, viz., Raghuvanshi's omission to implead the appellant, it is quite clear that the law does not require that the sub-lessee need be made a party. It has been rightly pointed out by the High Court that in all cases possession of the laid on the basis of a valid notice to quit served on the lessee and does not implead the sub-lessee as a party to the suit, the object, of the landlord is to eject the sub-lessee from the land in execution of the decree and such an object is quite legitimate. The decree in such a suit would bind the sub- lessee. This may act harshly on the sub-lessee; but this is a position well understood by him when he took the sub-leases. The law allows this and so the omission cannot be said to be an improper act."