URBAN AMENITIES PVT LTD Vs. MRITYUNJOY SEAL

JUDGEMENT

(1.) This appeal is at the instance of a third party in a proceeding for eviction of a tenant whose tenancy is governed by the provisions of the Transfer of Property Act and is directed against the judgment and decree dated 4th August,

(2.) 2010, passed by a learned Single Judge of this Court by which His Lordship decreed the suit for eviction ex parte against the tenant. Being dissatisfied, the appellant has come up with this appeal with a prayer for permission to file such appeal as a third party to the decree. It appears from record that the suit out of which the present appeal has been filed was instituted by the respondent Nos.1 to 3 against the respondent No.4 alleging forfeiture of the lease by treating the respondent No.4 as a tenant governed by the provisions of the Transfer of Property Act. None appeared on behalf of the respondent No.4 and the learned Single Judge on the basis of ex parte evidence was satisfied that the plaintiffs proved the ground alleged in the plaint and consequently, passed a decree for eviction and recovery of arrears of rent.

(3.) As indicated earlier, the respondent No.4, the tenant, has not preferred any appeal but this appeal has been preferred by the appellant before us alleging that it is a sub-tenant under the respondent No.4 and in view of collusion between the plaintiff/respondent Nos.1 to 3 in one hand and the respondent No.4/defendant on the other, its right will not be affected in view of the last part of Section 115 of the Transfer of Property Act. In support of the contention that the appellant is a sub-tenant, Mr. Mitra, the learned senior advocate appearing on behalf of the appellant, has drawn our attention to an agreement between the appellant and the respondent No.