The decree, in so far as the other tenant and sub-tenants i.e. the appellants in C.A. No. 5358/1996 are concerned, has to be sustained. The partners of the other tenant firm i.e. M/s. India Umbrella Manufacturing Co. (appellant in C.A. No. 5357/1996) have purchased the property pendente lite and therefore they cannot be allowed to take a stand contrary to the one taken by their predecessor in interest and to the prejudice of the other plaintiff whose rights they have not purchased. Their filing an application that they were not interested in securing eviction of the other tenant is in the facts and circumstances of the case immaterial and irrelevant.
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 5357 and 5358 of 1996
Decided On: 05.01.2004
India Umbrella Manufacturing Co. Vs. Bhagabandei Agarwalla (Dead)
Hon'ble Judges/Coram:
R.C. Lahoti and Ashok Bhan, JJ.
Citation: AIR 2004 SC 1321
