...upon Cl. (c) or Cl. (h) of sub-section (1) of S. 11 of the Act, the sub-tenant is necessary party. He emphasized that the sub-tenant is a person to whom and the tenant is the person by whom subletting is...valid sub-tenancy and in any suit for ejectment against the tenant, the sub-tenant would be a necessary party. On the other hand, if the sub-tenancy is not countenanced by the Act, then it would be an invalid sub-tenancy and the consent of the landlord would not lend validity to it and in a suit for ejectment by the landlord against the tenant, the...necessary party. On the other hand, if the sub-tenancy is of a nature which does not impinge upon Cl. (c), the sub-tenancy would be deemed to be a permitted sub-tenancy and in a suit for eviction brought by the landlord against the tenant, on...

...case where the real tenant is not proceeded against in the manner required under Section 13 and proceedings are instituted against another person suppressing the real facts, the landlord cannot succeed simply because the real tenant in possession is brought on record as a necessary party by...respondent 2, though the court ordered respondent 2 to be brought on record as a necessary party. In the earlier proceedings, the landlord had conceded the possession of respondent 2 and had alleged that he is a sub-tenant under...counsel, it is not necessary for the appellants to specifically allege that respondent 2 was the tenant or that he defaulted the payment of rent and seek an order of ejectment against him by an...

...the respondent. If it is the contention of the petitioners that the firm was the tenant and Mangala was sub-tenant inducted by the tenant, then as per the Hyderabad Rent Act, tenant is necessary party to...the proceedings. Tenant is not made a party to the proceedings and, therefore, the contention of the petitioner, that the original respondent No. 3, Mrs. Apte, is a sub-tenant, is not worth...has to be passed against the tenant for eviction of the tenant and if the tenant is not there as a party to the proceedings, then it is difficult to pass any decree for eviction.17...

...and there exists relationship of landlord and tenant between the plaintiff and Manoj Kumar Jain. He is a necessary party to the suit. The suit has been wrongly filed against him.3...necessary party and thus could not be impleaded.4. Counsel for the revisionist submitted that the revisionist never admitted himself to be sub-tenant. His specific case is that he is...plaint and thus as per various decisions mentioned in the judgement of the trial court, a sub-tenant is not a necessary party in a suit for eviction of the main tenant.6. As per...

...Court that he is a necessary party and in his absence the rights between the original parties cannot be properly decided. When there is a landlord and a tenant and the premises are sub-let, there is...let as one parcel, are dealt with. I do not think that helps in the decision of the question whether the sub-tenant is a necessary or proper party in a suit for ejectment by the landlord against the...ordinary law of landlord and tenant the petitioner, who is a sub-tenant, is not a necessary party to this suit by the superior landlord for the eviction of his tenant. There is no privity between the...

...shop in dispute as tenant. As such, he is necessary and proper party for just decision of the case. Ld. counsel for the applicant has also relied upon 1983 RCR 37 in case titled Devi Dayal v. Som Raj (Delhi), it has been held by the Hon'ble High Court that application for ejectment of the tenant and...No. 2 is in possession then he would be a necessary party.4. After hearing the learned counsel for the parties, I am of the considered view that respondent No. 2 is not a necessary party because no claim by the landlord has been made against him. Infact it is admitted position that respondent No. 2 is a tenant under...-petitioner and respondent No. 2, it cannot be held that he is a necessary party. The views taken by this Court in Vijay Singh's case (supra) fully applies to the facts of the instant case. It is well settled that even in case of subletting a sub-tenant is...

...regarding the Will and owners of the property is settled, the tenant of the premises cannot be impleaded as a party. The tenant is not a proper and necessary party to the suit. Being aggrieved by the said.... 12/2012 is contrary to law. The tenant of the premises is a proper and necessary party in view of the Will dated 16.09.2002 the petitioner has become the absolute owner of the property and entitled to...petitioner is not entitled for any right in the suit schedule property. For adjudicating the said dispute, the tenant is not a necessary and proper party and sought for dismissal of the writ petition...

...-impleaded joint tenant.4. It is settled law that the sub tenant is not a necessary party to a suit for eviction filed against the chief tenant and decree for eviction passed against...Gauri Shankar Gupta applied for impleadment on the ground that he was also son of Ram Autar, father of the defendant, hence he also inherited the tenancy and was necessary or at least proper party to...chief tenant is binding upon sub-tenant. However, even in the case of sub-tenant, it has been held by the Supreme Court that in case, he applies for impleadment during the pendency of a suit for ejectment...

...6.2.2004 has while adjudicating upon an application for leave to defend on behalf of Shri. N.J Kanwar held that Shri. Kanwar is not a necessary party as he is not a tenant in his own right.2...respondent.4. In any event of the matter, since there was no agreement inducting Shri N.J Kanwar as an independent tenant, he is not a necessary party but can contest as a Managing Director...introduced Shri Kanwar as the tenant he has now become a necessary party to the proceedings. He also refers to an infirmity in the order under challenge to the effect that the Court has noted that there...

...No. 4 and, during the pendency, the petitioner filed an application under Order 1 Rule 10 of the C.P.C seeking impleadment as a necessary party. The petitioner contended that he is the owner and landlord of the premises, in question, and that respondent No. 4 is his tenant who...is paying the rent and, therefore, he is a necessary party. The tenant, apparently, in his written statement has also contended that respondent No. 3 is not...a necessary party or not and, if the petitioner can establish by necessary documents that he is a necessary party, the Court should implead him. Since it has already come on record that the tenant has...

...and there exists relationship of landlord and tenant between the plaintiff and Manoj Kumar Jain. He is a necessary party to the suit. The suit has been wrongly filed against him.3...necessary party and thus could not be impleaded.4. Counsel for the revisionist submitted that the revisionist never admitted himself to be sub-tenant. His specific case is that he is...plaint and thus as per various decisions mentioned in the judgement of the trial court, a sub-tenant is not a necessary party in a suit for eviction of the main tenant.6. As per...

...was a necessary party. In fact, it has been held that the petitioner is the real brother of the tenant who has already accepted that the contesting respondent is his landlord. It is also relevant to...a tenant. That application was also rejected vide order dated 27.4.2009 on the finding that the tenant is making efforts to prolong the suit and in fact, the petitioner was not a tenant or necessary party. Having...nor anyone has appeared on behalf of the petitioner in the revised list to press this petition. Heard counsel for the respondent and perused the record. This petition is directed...

...impleaded is admittedly a tenant and he is neither a necessary nor a proper party for deciding the entitlement of right and quantum of share to each of the parties to the suit who are legal heirs. The...appearing for the parties and perused the materials available on records. 8.Whether a tenant is a necessary party in a partition suit had been put to acid test in Kamalesan vs.... R.Pushpakaran reported in 2017 (7) MLJ 781, wherein a learned Single Judge of this Court has categorically held that a tenant is neither a necessary nor a proper party in...

...other than landlord, can landlord maintain suit under Section 6 of the Specific Relief Act, 1963 against such person for immediate possession. The incidental question is, whether the tenant is a necessary party in...AIR 1928 Nag 313 do not lay down the correct law.24. Now we advert to the incidental question whether in such a suit, tenant is a necessary party. Section 6 of...of tenant by a third party is dispossession of the landlord. The word “dispossessed” in Section 6(1) must be read in this context and not in light of the actual possession alone. If a tenant is thrown...

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...as sub-tenant of the main tenant, the opposite party no. 2-Dr. Rajeev Anand. Therefore, if a suit for eviction of the tenant has been filed, the sub-tenant of such main tenant is a necessary party and...the Regular Suit No. 307/2003 has been filed by the defendant of this suit claiming himself as tenant in the premises and the opposite party while defending that suit has come with a case that there...exists no relationship of landlord and tenant between the parties and that the plaintiff of that suit claiming as tenant has oceupied the premises in illegal manner.5. It is also...

...tenant in the suit property and his application for being impleaded as a party is rejected by the court below by indicating that the petitioner is only a tenant and, therefore, he is not a necessary party...on the ground that petitioner is a tenant of the suit property and as he has to pay rent to the correct owner, he raised the dispute.Finding him not to be a necessary party, the..., with regard to the property in question and it is seen that respondents 1 to 4 are members of the same family and a dispute with regard to the property and the action of the respondents 2 to 4 in...

..., learned counsel for the petitioner submits that in a suit for partition, the tenant of the plaintiff is neither necessary nor proper party to the suit. Mr. Rath, learned counsel for the opposite party..., supports the impugned order. She submits that the tenant is occupying a portion of the house. She is a proper party to the suit.7. The question does arise as to whether a tenant is a necessary or...SC 786, the apex Court held that a necessary party is one without whom no order can be made effectively, a proper party is one in whose absence an effective order can be made but whose...

...never paid rent to respondent no. 3 and is therefore not a necessary party. Feeling aggrieved, the petitioner filed revision which was also dismissed on similar grounds. Hence, this writ petition.Learned senior counsel for the petitioner has firstly contended that the petitioner is a recorded tenant in...that the suit has been filed against the tenant who is paying rent to respondent no. 3 and if some other person is sitting in the shop with permission of original tenant he is not a necessary party and also cannot claim for the same.Even otherwise, for the sake of arguments, if the petitioner is considered to be joint tenant as...eviction of tenant. If the petitioner is assumed as a joint tenant, in that case also, he is not a necessary party in view of judgment of this Court passed in the case of Smt. Mridula Chaube v. Smt...

...have impleaded Defendant 1 in the present rent proceedings. The reason being that in rent proceedings the lessee/tenant is the only necessary or/and proper party and none else. A person, who claims...through lessee/tenant, is not a necessary party.30. The aforementioned factors were completely overlooked by the High Court. It is for these reasons, the impugned order...persons were claiming through the tenant Firm.24. An employee of a tenant is never considered to be in actual possession of tenanted premises much less in possession in his...