( 1 ) THE dispute relates to one room, in the ground floor of premises No. 22/1a, Ram. Chand Ghose Lane, Calcutta, The plaintiff instituted a suit for ejectment against several persons. Defendant No. 1, Dinesh "chandra Ghose, who was admittedly the tenant under the plaintiff was the principal defendant. The plaintiff im-pleaded five other defendants, alleging that they were either sub-tenants or trespassers. The petitioner Gaya Nath Ghose was defendant No. 2. He filed a written statement and asserted that he was a sub-tenant. Defendant No. 3, Badal, defendant No. 4, Rakhal alias Sukhendu, defendant No. 5, Gouranga and defendant No. 6, Rat Mohan, asserted that they were not sub-tenants and had no interest in the premises. Defendants 2 to 6 contended that they were not necessary parties to the suit. On the 13th January 1956, the plaintiff filed a petition stating that defendants Nos. 2 to 6 had asserted a sub-tenancy in their favour In a previous criminal proceeding' and that the Question whether the sub-lease was legally binding on the plaintiff requires to be adjudicated in order that the plaintiff might obtain an effective decree for possession. The plaintiff, theref