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1991 Supreme(SC) 574

K.RAMASWAMY, YOGESHWAR DAYAL
Rani Devi – Appellant
Versus
Bhole Nath – Respondent


Advocates:
A.K.SRIVASTAVA, B.D.AGRAWAL, INDIVAR GUDWILL

( 1 ) THIS appeal by special leave has been Filed by the landlady. She laid action under S. 21 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short the Act) for eviction of the tenant on the ground of bona fide requirement to start business by her son. The prescribed authority and the Appellate tribunal found as a fact that the appellant required the premises bona Fide to start the business. But the High court allowed the writ netition, set aside the order on the sole ground that the married daughters of the original tenant, Lalu were not impleaded who are the necessary parties and, therefore, the non-joinder of the necessary parties disentitle the landlady to have theejectment of the tenants namely the sons and the widow of the deceased tenant Lalu.

( 2 ) THE only question that arises in this case is whether the married a daughters of the deceased tenant are necessary parties and that nonimpleading them would disentitle the landlady to maintain the action for ejectment. Admittedly, Lalu the original tenant died in 1965. Thereafter, the proceedings were initiated in 1974. Till then, one of the sons of Lalu, namely, Bhole Nath was in occupatio

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