IMPORTANT POINT
All the owners/landlords need not join in filing eviction suit against the tenant.

JUDGMENT

Abhay Manohar Sapre, J.

1. This appeal is directed against the final judgment and order dated 21.09.2006 passed by the High Court of Kolkata in C.O. No.1759 of 2006 whereby the High Court allowed the application filed by respondent No.1 herein and reversed the judgment and order dated 15.12.2005 passed by the Judge, Small Causes Court, Kolkata in Ejectment Suit No.1615 of 2000 wherein the Trial Court dismissed the application filed by respondent No.1 herein under Order 1 Rule 10(2) of the Code of Civil Procedure, 1908 (hereinafter referred to as “the Code”) for impleadment as Plaintiff in the pending ejectment suit.

2. The controversy involved in this appeal is short and it would be clear from the few relevant facts mentioned hereinbelow.

3. The appellants are the plaintiffs whereas respondent Nos. 2 to 5 are the defendants in an Ejectment Suit out of which this appeal arises.

4. The appellants have filed a suit for ejectment being Ejectment Suit No.1615/2000 against respondent Nos. 2 to 5 before the Small Causes Court at Calcutta for their eviction on the grounds of non-payment of rent, subletting, and bona fide need of the suit premises for their personal use under the provisions of the West Bengal Tenancy Act. Respondent Nos. 2 to 5 have entered appearance and are contesting the suit which is pending.

5. In the Ejectment Suit, respondent No. 1 herein filed an application under Order 1 Rule 10(2) of the Code praying therein that he may be allowed to become the co-plaintiff along with the appellants. Respondent No. 1 sought his impleadment alleging that he is a member of the appellants’ family and being so, has a right, title and interest not only in the suit premises but also in other family properties as one of the co-owners. It is essentially on these allegations and with a view to protect his interest in the suit premises, respondent No. 1 sought his impleadment in the suit.

6. The said application for impleadment made by respondent No. 1 was dismissed by the Trial Court by order 15.12.2005(Annexure-P-7) but it was allowed by the High Court by the impugned order giving rise to filing of this appeal by way of special leave in this Court against the order of the High Court by the appellants (plaintiffs).

7. Therefore, the short question, which arises for consideration in this appeal, is whether the High Court was justified in allowing the application filed by respondent No. 1 under Order 1 Rule 10 (2) of the Code thereby permitting him to become co-plaintiff in the Ejectment Suit filed by the appellants against respondent Nos. 2 to 5 for their eviction from the suit premises.

8. Heard Mr. Ranjan Mukherjee, learned counsel for the appellants and respondent No.1, who appeared in-person.

9. Having heard the learned counsel for the appellants and respondent No. 1, in-person, who alone is the contesting respondent in this appeal and on perusal of the record of the case, we are inclined to allow the appeal and while setting aside the impugned order of the High Court, restore the order of the Trial Court with observations hereinbelow.

10. In other words, we are inclined to dismiss the application filed by respondent No. 1 under Order 1 Rule 10(2) of the Code in appellants’ ejectment suit.

11. There are some well-settled principles of law on the question involved in this appeal, which need to be taken into consideration while deciding the question arose in this appeal. These principles are mentioned infra.

12. First, in an eviction suit filed by the plaintiff (Landlord) against the defendant(Tenant) under the State Rent Act, the landlord and tenant are the only necessary parties.

13. In other words, in a tenancy suit, only two persons are necessary parties for the decision of the suit, namely, the landlord and the tenant.

14. Second, the landlord (plaintiff) in such suit is required to plead and prove only two things to enable him to claim a decree for eviction against his tenant from the tenanted suit premises. First, ther