JUDGEMENT

R.M. Lodha, J. —

Leave granted.

2. The main question for consideration in this appeal by special leave is: where a tenant in exclusive possession is dispossessed forcibly by a person other than landlord, can landlord maintain suit under Section 6 of Specific Relief Act, 1963 against such person for immediate possession. The incidental question is, whether tenant is a necessary party in such suit.

3. Smt. Anita Anant Sawant - the sole respondent filed a suit for possession under Section 6 of the Specific Relief Act, 1963 (for short ‘the Act’) in respect of portion of property being Gram Panchayat House No. 97 situated on land bearing Gat No. 1, Hissa No. 61, Village Ambet, Taluka Mahasala, District Raigad, against the appellants and their predecessors-in-title (hereinafter referred to as ‘the contesting defendants’) and one Smt. Nanibai Shankar Sawant, since deceased, (hereinafter referred to as ‘defendant no. 4’). The plaintiff averred in the plaint that she purchased the entire house No. 97 from defendant no. 4 by registered sale deed on October 1, 1981. At the time of purchase, part of house No. 97 was in possession of Pandurang Vichare who vacated that portion and she