SHKUNTALA VASANT PAHADI Vs. PURUSHOTTAM VASANT PETHE

JUDGEMENT

(1.) Heard learned counsel for the appellants.

(2.) The appellants filed a suit for eviction in the year 1977 impleading therein wife of one Vasant Pethe, who was the original tenant and died in the year 1969. The said suit was decreed against the wife of Vasant Pethe and decree passed by the trial court has been confirmed and the same attained finality, the matter having not been taken to any higher court. For execution of the said decree, an execution petition was filed. In the meantime, children of Vasant Pethe filed another suit in the year 1987 challenging the validity or otherwise of decree passed in the eviction suit referred to above filed in the year 1977 on the ground that at the time of death of their father who was the original tenant, they were minors and they along with their mother were residing in the rented premises, as such were necessary parties in the said eviction suit and they having not been made parties, the decree passed in such a suit was not binding upon them.

(3.) The said suit was dismissed by the trial court and the decree of the trial court was confirmed on appeal being filed by the plaintiff-respondents. Thereafter, the plaintiffs filed a writ petition in the High Court challenging the judgments rendered by the trial court as well as the appellate court. By the impugned order, the High Court has allowed the writ petition, set aside the judgments rendered by the trial court as well as the appellate court and decreed the suit on the sole ground that as the plaintiffs who were some of the heirs of the original tenant Vasant Pethe, were not impleaded in the eviction suit wherein only their mother was impleaded, who was only one of the heirs of the original tenant Vasant Pethe, the eviction decree passed therein was not binding upon them. Hence, this appeal by special leave.