The question that has been referred to this Bench by Alagiriswami, J., is

“Whether an order of eviction obtained against a chief tenant could be executed by evicting the sub-tenants who were not made parties to the application for eviction.”

The petitioners obstructed delivery of possession in the execution application filed by the respondent-landlord, who had obtained an order of eviction against the chief tenant before the Rent Controller in H. R. C. No. 544 of 1964. The petitioners Were not made parties to the application for eviction by the respondent-landlord filed under the Madras Buildings (Lease and Rent Control) Act XVIII of 1960, hereinafter called the Act.

The contention of the learned Advocate for the petitioners is based on section 26 of the Act which is as follows:

“Any order for the eviction of a tenant passed under this Act shall be binding on all sub-tenants, who were made parties in the application for eviction but any person who became a sub-tenant after the date of the application for eviction shall be bound by the order of eviction and be evicted as if he were a party to the proceedings, provided that such order was not obtained by fraud or collusion.