1996 (1) TMI 481

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..... . Therefore, notice on 3rd respondent must be deemed to have been served. Respondents 1 & 2 are represented by Mr. G.S. Chatterjee. Leave granted. The respondents filed Suit No.19/75 on May 19, 1975 for eviction of the tenant Harkesh Rai Agarwal on three grounds, namely, default, sub-letting and personal requirement. The suit was dismissed on August 25, 1975. Again another suit was instituted on .....

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..... the decree for eviction on compromise is a nullity. That apart, the property belongs to four persons and three brothers made an admission prior to partition that the appellant is in possession of a room admeasuring 15' x 30' as tenant and admittedly it fell to the share of Lunkaran Singhi. In view of those admissions made by the co-owners who have got joint interest and made their admissi .....

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..... sh Rai Agarwal is clearly illegal. We, therefore, hold that the appellant cannot be ejected from the premises in his possession except in accordance with law. As regards the execution of the compromise decree is concerned, it would be open to the respondent to proceed against Harkesh Rai Agarwal in accordance with law. The appeal is accordingly allowed. No costs.
Case laws, Decisions, Judgeme .....

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