SUNIL Vs. SATYANARAYAN DUBEY

JUDGEMENT

(1.) This case has come up before us on a reference, whereby the following question has been referred to this Bench for decision: "Whether in a landlord's suit for eviction from a residential accommodation of a Hindu male and the latter's widowed mother on the averments that they executed a registered conditional sale deed and a rent note in the plaintiffs favour, the presence of the male defendant's younger brother, a younger sister, and their deceased elder brother's widow and her minor children (claiming to be in physical possession of the suit accommodation as of right as coparceners and not as the plaintiff's tenants) is in law necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions in the suit?"

(2.) The short facts leading to this reference and essential for the decision of the question are these :

(3.) The plaintiff-non-applicant 1 herein has filed a suit for ejectment and arrears of rent against non-applicants 2 and 3 on the basis of a contract of tenancy between non-applicant 1 on the one part and non-applicants 2 and 3 on the other part. The case of non-applicant 1 is that non-applicants 2 and 3 executed a mortgage by conditional sale with delivery of possession of the suit accommodation to him and took it back on lease on monthly rent of Rs. 200/-, executing a rent note in his favour acknowledging the tenancy. In this suit the applicants herein filed an application under O.1, R.10 read with S.151, Civil P. C. for their being joined as defendants in the suit. In this application they submitted that the suit house belonged to late Ayodhya Prasad, the father of applicants 1 and 2 and non-applicant 2, they along with non-applicants 2 and 3 are the heirs of late Ayodhya Prasad and, as such, are in possession of the suit house in their own right, and the non-applicants 2 and 3 had no right to create the said mortgage. On these submissions, they contended that if the suit is decreed, their interest in the suit accommodation would be directly affected by the decree and in execution of that decree they would be dispossessed from the suit accommodation; therefore, they should be joined as defendants in the suit.