YESSAY FOODOILS Vs. P A MOSSA

JUDGEMENT

(1.) WHETHER the suit filed by an unregistered partnership firm for possession and mesne profits can be said to be not maintainable in view of the bar under section 69 (2) of the Indian Partnership Act, 1932 is the question that calls for an answer in this second appeal filed by the plaintiffs in the trial court.

(2.) THE suit was instituted by the plaintiffs, who are the partners of an unregistered partnership firm, seeking the relief of possession and mesne profits with a direction to the defendant to deliver vacant possession of plaint 'a' schedule premises and for recovery of mesne profits at Rs. 500/- per day till the date of delivery of the vacant possession and it is the case of the plaintiffs that the defendant was a tenant under them on a rent of Rs. 70/-per day and following the defendant unlawfully sub-letting the plaint schedule premises to one Mohammed Kunhi, the plaintiffs had to terminate the tenancy by issuing a quit notice on 20-1-2003 requiring the defendant to quit and surrender the suit premises immediately after the end on 28-2-2003.

(3.) THE aforesaid suit of the plaintiffs was resisted by the defendant by denying the landlord-tenant relationship and also the fact of subletting by him and also took up the stand that the tenancy had not been validly terminated.