AMAR NATH AGARWALLA Vs. DHILLON TRANSPORT AGENCY

JUDGEMENT

(1.) The appellant in these appeals by special leave is the landlord who filed a suit for eviction of the respondent tenant from the premises in question. The tenancy was created in favour of the respondent firm which consisted of four partners.

(2.) The eviction of the respondent was sought on the ground that the defendant had sub-let, assigned and/or transferred possession of the said premises and/or part thereof to Dhillon Transport Quick Service and Dhillon Roadways Corporation and others without consent in writing of the plaintiff landlord. In its written statement the tenant denied the allegation of sub-tenancy and submitted that M/s Dhillon Transport Agency, a partnership firm was originally the tenant. The partnership had four partners who carried on business in the name and style of Dhillon Transport Agency. Since disputes and differences arose amongst the partners, Title Suit No. 19 of 1991 was filed in the Court of the 1st Subordinate Judge at Patna and all matters were settled by compromise. Consequently, the firm was dissolved and one of the partners was given all the assets of the firm and he formed another firm with himself as one of the partners. It was averred that unless the tenancy was transferred by such partner to a third party, it would not amount to subletting. The defendant therefore asserted that there was no sub-letting since one of the partners, Ajit Singh continued to occupy the premises having legal possession thereof.

(3.) In his deposition PW 1, Ajit Singh deposed that the tenancy was originally created in favour of the firm of which he was one of the partners. The firm was running a transport agency business in the suit premises and had never inducted any sub-tenant in the suit premises. In his cross-examination it was elicited that the partnership firm originally consisting of four partners existed for about 35 to 40 years. He denied the suggestion that he was not looking after the affairs of the defendant and that it inducted other persons and/or firm for carrying on business in the suit premises by the name of Dhillon Quick Transport Service or Dhillon Roadways Corporation. He asserted that he looks after the affairs of the partnership firm which is carrying on business in the premises of which he is a partner.