S.U.Khan, J. - (1.) This is defendant's writ petition who claims himself to be very old licencee of main tenant Dwarika Prasad Bhatnagar (D.P. Bhatnagar) hence immune from eviction. Respondent No. 2 landlady Smt. Sharda Devi filed suit for eviction and recovery of arrears of rent against petitioner claiming him to be the tenant. Eviction was sought on the ground of default. Suit was registered as SCC Suit No. 493 of 1984. JSCC, Meerut through judgment and decree dated 6.3.1991 dismissed the suit. Against the said judgment and decree landlady respondent No. 2 filed SCC Revision No. 85 of 1991. VIII A.D.J., Meerut through judgment and order dated 12.2.1993, allowed the revision, set-aside the judgment and decree passed by the trial court and decreed the suit for eviction and recovery of arrears of rent/damages for use and occupation hence this writ petition.
(2.) The suit for eviction was filed only in respect of part of tenanted accommodation on the ground that plaintiff had purchased only part of the tenanted accommodation. Such a suit is quite maintainable by virtue of Section 109 of Transfer of Property Act, according to which if lessor transfers part of the tenanted property the transferee possess all his rights.
(3.) Petitioner pleaded that R.P. Bhatnagar son of D.P. Bhatnagar was the main tenant and he being the relation of D.P. Bhatnagar was residing as his licensee for 40 years and as R.P. Bhatnagar was not impleaded in the suit hence suit was bad.;