- (1.) There could be situations where a co-lessor may be unwilling to join as a co-plaintiff in the suit or he may not be available at the time of the institution of the suit to join as a co-plaintiff. It is sufficient if such a co-lessor is impleaded as a party defendant to the suit. There is nothing to prevent the Court from granting the decree in favour of the co-lessors irrespective of whether they are in the array of the plaintiffs or in the array of the defendants. The real point is that the necessary parties should be before the Court and not that they should be before the Court as plaintiffs alone or as defendants alone. The real point about the impleadment is that the necessary party should be before the Court to enable it to grant the relief claimed. If that purpose can be served by the presence of the parties then it is wholly immaterial that the parties happened to be in the array of the plaintiffs or in the array of the defendants. The instant case is not a case where the question of determining the tenancy be some of the co-lessors may be said to be involved. Admittedly, the notice determining the tenancy was ostensibly on beheld of all the co-lessors at the time when it was given. The notice could not be said to be bad because it was not on behalf of the two daughters as they had no right or interest at the time when the notice was given, their mother being alive in India A tenant whose tenancy had been determined becomes a trespasser but that his possession is juridical and that in case the Rent Control Act is in operation, then such a tenant is statutory tenant. Therefore, the principle of law that a suit can be maintained against a trespasser at the instance of one co-lessor will not be applicable and all the co-lessors must join to evict a tenant whose tenancy has been determined. No exception can be taken to the said proposition but in the instant case, the point does not arise because that suit has been filed not at the instance of some of the co-owners but in the suit all the co-owners alleged to be interested in the lease-hold have been impleaded including the two daughters who are said to have interest in the said lease-hold. Order accordingly.;