Judgment

M.K.MUKHERJEE, J.

(1) THIS appeal by special leave is directed against the judgment and order dated 16/07/1984 passed by the High court of Punjab and Haryana in a second appeal. Facts relevant for disposal of this appeal are as under.

(2) ONE Inder Singh (since deceased) obtained an ex parte order from the Rent Controller for eviction of one Natha Singh, whom he claimed to be a tenant under him, from a factory situated at Gill Road, Ludhiana and in execution thereof took possession of the premises. Thereafter on 28/09/1973, the appellant herein filed an application seeking an order under Order XXI Rule 100 of the Code of Civil Procedure (Code for short) alleging that he had been illegally dispossessed in execution of the order for eviction made against Natha Singh and praying for restoration of his possession. He contended that Inder Singh, Bhagwan Singh and Rattan Singh, who were the members of a joint Hindu family and were coparceners, were owners of the factory building in question. Bhagwan Singh, as one of the members of the said joint Hindu family, let out the factory building to him (the appellant) on behalf of the joint Hindu family on a