7, companytinued in possession.
The case of the appellants is that they were subsequently in ducted in the premises as sub tenants by Prabhas Kumar Sinha and did number have any independent right.
From the Judgment and Order dated 5.12.1988 of the Allahabad High Court in Civil Misc.
The main ques tion which arises for decision is whether in the facts and circumstances of the case the High Court was justified in entertaining the writ petition under Article 226 of the Constitution, and proceeding to issue the impugned direc tion.
The writ petitioners respondents are the sons of the brothers of Dr. K.C. Sinha, and according to their case they being members of the joint Hindu Family along with Dr. K.C. Sinha are tenants in their own right under the appellants.
After his death his son Prabhas Kumar Sinha, respondent No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
This appeal is directed against the judgment of Allahabad High Court, allowing the writ petition of the respondents Nos.
Writ Petition No.
D. Agarwal and R .D. Upadhyay for the Respondents.
The Judgment of the Court was delivered by SHARMA, J. Special leave is granted.
1 to 5 under Article 226 of the Constitu tion, and directing that they shall number be evicted from the premises in dispute in pursuance of an eviction decree passed by the small causes companyrt, Allahabad.
The appellants are the owners of the premises in question which according to their case was in possession of Dr. K.C. Sinha as tenant.
3656 of 1991.
1695 of 1986.
P. Rana and Girish Chandra for the Appellants.
The eviction suit in the small causes companyrt was filed by the appellants against Prabhas Kumar Sinha for his evic tion, without impleading the writ petitioners, and the decree passed therein is under challenge by the judgment debtor Prabhas Kumar Sinha in revision before the High Court.
