SRI SAMIR SOBHAN SANYAL vs TRACKS TRADE PVT. LTD. .

The Supreme Court held that the appellant, a tenant inducted by M/s. India Foils Ltd., could not be dispossessed without due process of law, as he was in possession of the property despite a decree for khas possession in favor of the 6th respondent. The Court emphasized that the 6th respondent was aware of the appellant's possession and failed to implead him in the suit for specific performance. The Court ruled that the appellant's right to remain in possession must be adjudicated, thereby upholding his claim under Order 21, Rules 98 and 99 of the CPC.