RAJESWARI Vs. BUVANESWARI CYCLE MART

JUDGEMENT

(1.) THE landlords filed an application for eviction of the tenant,in RCOP. No. 44 of 1992, before the Rent Controller, Erode Section 10 (2) (i) and 14 of the Tamil Nadu Buildings (Lease and Rent Control) Act.

(2.) THE tenant is described as M/s. Sri Bhuvaneswari Cycle Mart, represented by its Managing Partner Durairaj. While the R.C.O.P was pending, the Managing partner Durairaj died on 4.7.1984. THErefore, an application was filed by the landlords/petitioners in 1.A. No. 1538 if 1994, praying that the name of the said Durai may be deleted and the present Managing Partner viz., S.Ramasasmy be substituted in the short and long cause title. THE application was opposes by the tenant. After hearing both the parties, the Rent Controller dismissed the application. THE order of dismissal was challenged by the landlords by preferring appeal against the same in RCA. No. 1 of 1996, which also met with the same fate. Hence, the present civil revision petition.

(3.) THE Andhra Pradesh High Court has held in the decision reported in M/s.Godavari Rice Mill Stores v. Gopala Krishna , 1978 (II) ALT 451 as follows:- 'THE suit does not abate on the death of the managing Partner. A partner by virtue of Section 19 of the Partnership Act and much so, a managing partner, can represent such a firm in the suit. THErefore, when he dies, the new Managing Partner can be brought on record as the Managing Partner representing the plaintiff firm. THE new Managing Partner is not merely a partner but also the Managing Partner of the firm who manages the business and affairs of the firm. THErefore, by virtue of Section 19 of the Partnership Act, he has the implied authority to institute the suit. THE provisions of Rule 1, Order 30, CPC will have to be read in the light of section 19 of the Partnership Act.'.