JITENDRA MOHAN MATHUR Vs. SARLA DEVI

JUDGEMENT

(1.) Transfer Application filed by respondent nos. 3 Rakesh Gupta (T.A. No.66 of 2013) has already been dismissed by me on 26.2.2013. Respondent nos. 1 and 2 are tenants of large property on behalf of the petitioner. The lease deed was executed in the year 1982. According to the terms of the lease deed they were entitled to induct licences. They inducted in part of the leased property respondent nos. 3 and 4 as licencees. Thereafter, they filed release application against respondent nos. 3 and 4 under Section 21 of U.P. Act No.13 of 1972 which was allowed. Now the said release order is being executed by respondents No.1 & 2 against respondents No.3 & 4.

(2.) Learned counsel for the petitioner argues that in 2011 S.C.C. Suit no.17 of 2011 has been filed by the petitioner for eviction against respondent nos. 1 and 2. The lease deed executed in 1982 was only for 10 years. Landlord petitioner has also filed another suit in the form of O.S. No.1625 of 2012 for injunction against all the four respondents.

(3.) Learned counsel for the petitioner argues that petitioner is superior landlord hence he can permit the licencee/sub tenant i.e. respondent nos. 3 and 4 to continue. I do not agree with this argument. If lessee continues in possession even after expiry of lease he does not become trespasser. At least he retains the minimum right as tenant at sufferance. Even during such period (while enjoying only the right of tenant at sufferance) tenants right viz-a-viz sub-tenants or licences who had been inducted by him subsists and continue. The superior landlord or paramount title holder cannot take over the position of tenant in respect of sub tenants and permit them to continue in possession even though the tenant may be having a right to evict them. In such situation superior landlord is entitled to file suit for eviction against tenant either impleading or not impleading the sub tenants and if the suit is decreed then landlord would be entitled to take possession not only from the tenant but also from the sub tenants. However, he cannot grant immunity from eviction to the sub tenants if tenant has got a decree of eviction against his sub tenants until either through decree of the court chief tenant is evicted or chief tenant willingly hands over possession to the landlord and surrenders whatever right he has got.