IMPORTANT POINT
One co-owner, in absence of any objection from other co-owners, can maintain an action for eviction against a tenant, without impleading all co-owners.

JUDGMENT

N.J. Jamadar, J.—This petition under article 227 of the Constitution of India assails the legality, propriety and correctness of the judgment and order dated 12th April 2019 in Revision Application No. 343 of 2018 passed by the Appellate Bench of the Court of Small Causes, Bombay, whereby the revision application preferred by the petitioner against an order passed by the learned Judge, Court of Small Causes, Bombay on an application for dismissal of the suit (Exh.28) in RAE Suit No. 119/171/2011 dated 2nd April 2018, came to be dismissed.

2. The background facts leading to this petition can be stated in brief, as under:-

(a) The respondent No.1-Lachmandas Tulsiram Nayar (HUF) had instituted a suit, being RAE Suit No. 660/1127/2002, against the predecessor-in-title of the petitioner and respondent No.5 for recovery of the possession of the demised premises on the ground of personal bonafide requirement and non-user. The said suit came to be dismissed by a judgment and order dated 27th February 2009.

(b) Thereafter, respondent No.1 again instituted a suit, being RAE Suit No. 119/171/2011, against the petitioner and respondent No.5 on the ground of personal bonafide requirement and alleged sub-letting. The suit was instituted by the HUF through its Karta and Manager Mr.Brijbihari Tulsiram Nayar. Mr. Jagdishmohan Tulsiram Nayar was also arrayed as the plaintiff, with an assertion that the latter was assisting the Karta and Manager in managing the affairs of the said HUF.

(c) Jagdishmohan Lachmandas Nayar; plaintiff No.2, died on 23rd February 2014. The respondent Nos. 2 to 4 herein, claiming to be the legal representatives of the deceased plaintiff No.2, sought their impleadment. The learned Judge, by an order dated 16th September 2016, was persuaded to allow the application and implead the respondent Nos. 2 to 4 as the legal representatives of the deceased plaintiff No.2. The petitioner challenged the said order in Writ Petition No. 557 of 2017.

(d) In the meanwhile, Mr.Brijmohan Lachmandas Nayar, the Karta and Manager of HUF also died on 1st July 2015. Since the successor Karta and Manager of Lachmandas Tulsiram Nayar (HUF) was not impleaded in the suit, the petitioner-defendant filed an application for dismissal of the suit as abated, and, in the alternative, qua the plaintiff No.1 HUF, as there was no Karta to represent the said HUF. The respondent Nos.2 to 4, in the capacity of the legal representatives of the deceased plaintiff No.2, resisted the application.

(e) By an order dated 2nd April 2018, the learned Judge was persuaded to reject the application holding, inter-alia, that the legal representatives of the deceased plaintiff No.2 were already brought on record and, thus, the suit would not abate on account of the death of Karta and Manager of HUF despite the successor Karta of the HUF not being brought on record.

3. The petitioner carried the matter in revision before the Appellate Bench. By the impugned judgment and order, the Appellate Bench was persuaded to reject the application. The observations in paragraph 7 of the impugned judgment spell out the reasons which weighed with the Appellate Bench to repel the contention of the petitioner. As a severe criticism was advanced against those observations, it would be advantageous to extract paragraph No.7 of the impugned judgment. It reads as under:-

“7. It is pertinent to note here that the plaintiffs have already brought the legal heirs and representatives of the plaintiff No.2 namely Jagdish Mohan Lachmandas Nayar on record by virtue of the order below the application exh.19 Dt. 16.09.2016. However, we do not find any mandatory or compulsory provisions which compel the plaintiffs to appoint or bring the Karta of the Hindu Undivided Family (HUF) on record but the other plaintiffs have rightly represented and protect the rights of the concern parties including the suit premises for themselves and others. Moreover, the order passed by the Appellate Court be