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I. P. MUKERJI, BISWAROOP CHOWDHURY
Bharat Petroleum Corporation Limited – Appellant
Versus
Kausik Ganguly – Respondent
JUDGMENT :
1. The application (CAN No.3 of 2024) is devoid of any merit.
2. The appeal by the lessee, Bharat Petroleum Corporation Limited, from an order of their eviction obtained by the respondents from the learned court below is pending before us.
3. This application has been made by a dealer – Mrs. Kakali Patra – who, under a licence from the appellant-lessee, appears to have been selling petroleum products in the premises in question. The dealer seeks to intervene in these proceedings by being added as a party.
4. She has no such right. According to the submission made, the applicant was a bare licensee under the appellant. Even if the applicant is held to have been a sub-lessee, still she has no right to be impleaded or to participate in the proceedings as held by the Supreme Court in Rupchand Gupta v. Raghuvanshi (P) Ltd reported in AIR 1964 SC 1889. The dictum of the court was as follows:–
A sub-lessee does not have the right to intervene in eviction proceedings against the lessee, as established by the Supreme Court.
Court allowed dismissal of impleadment application for lack of legal standing, emphasizing that unregistered sub-leases cannot assert rights post-expiration of the main lease.
The main legal point established is that sub-tenants must obtain written permission for sub-letting and provide a written notice of sub-tenancy to the landlord to be eligible for protection under the....
A tenant does not sublet the premises merely by executing a Power of Attorney in favor of a partner of the firm.
In leases of open land, occupants inducted by lessee into self-erected structures are licensees without independent rights; must vacate upon lessee eviction decree, delivering vacant land; no sub-ten....
A person who is a necessary and proper party to a suit should be added as a defendant, even if they have been contesting the suit as a defendant.
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