I have a peculiar proposition as follows:
A a landlord wins an eviction case against B-tenant on the ground of bonafide necessity, from a commercial premises, and the matter is settled at High Court level. A few days prior to execution of the eviction order C (brother of B-tenant) serves a legal notice upon A to the extent that C was also one of the tenants therefore the said eviction order is illegal and void. C further says he was not aware of the pendency of any eviction proceedings.
In order to support his claim C relies upon some rent receipt issued by the previous landlord in favour of B and his brother. But no such receipt was ever issued by the current landlord i.e A. However there is no rent agreement between the parties and there is no oral or occular evidence to prove the rent receipt issued by the previous landlord.
A is also having sufficient documents to prove that C was a permanent Bank Employee thus could not be tenant in any commercial premises.
Now the precise query is even if it is presumed that C was a tenant as a partner with his brother and further presumed that C was not aware of rent litigation Whether the rent petition was maintainable against the single partner alone or all the partners should have been impleaded.
Now the second relevant query is both B & C are brothers and precisely there is no partnership, therefore the query is whether it was sufficient to implead only one brother as respondent in the lis or all the brothers should have been impleaded.
My query is a bit complex one and needs proper consideration.
If possible please provide me few citations as well.