GHAN SHYAM DAS GUPTA Vs. ANANT KUMAR SINHA

JUDGEMENT

(1.) Special leave is granted.

(2.) This appeal is directed against the judgment of Allahabad High Court, allowing the writ petition of the respondents Nos. 1 to 5 under Art. 226 of the Constitution and directing that they shall not be evicted from the premises in dispute in pursuance of an eviction decree passed by the Small Cause Court, Allahabad. The main question which arises for decision is whether in the facts and circumstances of the case the High Court was justified in entertaining the writ petition under Art. 226 of the Constitution, and proceeding to issue the impugned direction.

(3.) The appellants are the owners of the premises in question which according to their case was in possession of Dr. K. C. Sinha as tenant. After his death his son Prabhas Kumar Sinha, respondent No. 7, continued in possession. The writ petitioners-respondents are the sons of the brothers of Dr. K. C. Sinha, and according to their case they being members of the joint Hindu Family along with Dr. K. C. Sinha are tenants in their own right under the appellants. The case of the appellants is that they were subsequently inducted in the premises as sub-tenants by Prabhas Kumar Sinha and did not have any independent right.