VINAYKISHORE PUNAMCHAND MUNDHADA Vs. BHUMI KALPATARU

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave is directed against the final judgment and order dated 20th September, 2006 passed in Writ Petition No. 1206 of 1996 by the High Court of judicature at Bombay, Nagpur Bench, Nagpur whereby the High Court set aside the order dated 6.9.1995 passed by the reviewing authority granting permission under Clause 13(3)(iii) of the C.P. & Berar Letting of Houses and Rent Control Order, 1949 (hereinafter referred to as the Rent Control Order).

(3.) The facts leading to filing of this appeal lie in a very narrow compass. The appellants are the landlords of the suit premises. Respondent No. 4, Madankumar Govardhandas Pasari was inducted as a tenant in the year 1974 who constituted a partnership firm under the name and style Bhumi Kalpataru consisting of five partners and carried on business till 1991. The appellants filed an application under Clause 13(3)(i)(iii)(iv) and (vi) of the Rent Control Order before the Rent Controller, Amravati against the original tenant Messrs Bhumi Kalpataru and its Managing Partner Madankumar Govardhandas Pasari, the respondent No. 4 (since died) on the ground that Madankumar Govardhandas Pasari dissolved the firm and clandestinely sub-let the suit premises to respondent No. 2 Jagdish Champalal Mundhada who deceptively gave similar name to the partnership by prefixing the word Shri and it was known as Shri Bhumi Kalpataru resembling the firm to whom the premises was let out in the year 1974. The present occupiers of the suit premises being the sub-tenant, namely the respondent No. 1 firm Shri Bhumi Kalpataru, its Managing Partner, respondent No. 2 and other partners, respondents 5 to 7 were duly impleaded as party respondents. The simple case set up by the appellants before the Rent Controller is that the original tenant firm Bhumi Kalpataru had sub-let the suit premises without the sanction of the landlords and the sub-tenants carried on the business under the name Shri Bhumi Kalpataru by prefixing commonly used Shri to the original tenant firm Bhumi Kalpataru.