LAWS(GJH)-1970-6-5

MEHTA JAGJIVAN VANECHAND Vs. DOSHI VANECHAND HARAKHCHAND

Decided On June 29, 1970
MEHTA JAGJIVAN VANECHAND Appellant
V/S
DOSHI VANECHAND HARAKHCHAND Respondents

JUDGEMENT

(1.) Will a tenant who takes in a partner in a business run by him in rented premises incur the liability of being evicted on the ground that he has sublet or assigned his interest in the tenancy in favour of the partnership ? It is this question which requires to be resolved in the present second appeal under sec. 28 of the Saurashtra Rent Control Act 1951 by the plaintiff landlord who has failed in both the lower Courts. The Saurashtra Rent Control Act 1951 will be referred to as the Rent Act in the course of this judgment.

(2.) The appellant-plaintiff instituted Civil Suit No. 68 of 1958 in the Court of the Civil Judge (S.D.) Morvi claiming a decree for eviction under sec 13 (1)(e) of Rent Act which is in the following terms against the respondents-defendants :-

(3.) The facts are not in dispute. The tenant was carrying on business in the demised premises (hereafter referred to as the suit shop) on his own as a sole proportion of the business. In October 1957 the tenant took in defendant No. 2 and defendant No. 3 as his partners. From then onwards the tenant along with his aforesaid two partners carried on business in the suit shop for the benefit of the partnership. The partnership deed executed between the tenant and his two partners (defendants Nos. 2 and 3) in terms made it clear that the tenancy rights continued to vest unto the tenant (defendant No. 1) and that the defendants Nos. 2 and 3 who were joining him as partners were not to acquire any interest in the tenancy rights belonging to him. On these facts the question has been debated whether or not a subletting or assignment of the suit shop in contravention of sec. 13 (1)(e) of the Rent Act has taken place in October 1957.