Judgement

NATARAJAN, J.:- This appeal by special leave is by a tenant and is directed against the judgment of the Calcutta High Court in an appeal against Appellate decree No. 1700 of 1972. The defence of appellant in the suit filed by the first respondent for eviction was struck out and thereafter a decree for eviction was passed and the said decree was confirmed by the Appellate Court and the High Court and hence this appeal by special leave.

2. During the pendency of the suit the first respondent had entered into an agreement for sale of his building in which the suit property forms the ground floor to one Ramdin Singh Agarwala but subsequently executed a sale deed in favour of one Chidanand Halder. Ramdin Singh Agarwala filed a suit for specific performance in the Court of the Sub-Judge, Alipore, and obtained a decree. The subsequent purchaser Chidanand Halder has filed an appeal against the judgment and decree in the said suit and the appeal is pending disposal before the High Court. Both the parties, claiming to have acquired title to the building of which the suit property forms a part have filed CMP Nos. 19671 and 32297 of 1986 seeking impleadment in this appeal.

3. The first