JAMUNA OIL MILLS ALLAHABAD Vs. PRADEEP TANDON

JUDGEMENT

(1.) THE petitioner M/s. Jamuna Oil Mills is a registered partnership firm carrying on business in oil and took premises no. 75, Malviyanagar, Allahabad (old no. 64/74, Yahiapur, Allahabad) on rent from its owner Smt. Brij Rani Mehrotra on a monthly rent of Rs. 500/- in 1955.

(2.) ON 1-1-1975, one Pradip Tandon, made an application to the Kent Control and Eviction Officer for the allotment of the accommodation on the ground that the partnership firm had illegally sub-let the accommodation to one Bishambhar Lal. Subsequently he took up another plea also that there was a deemed vacancy under the provisions of Section 12 (2) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, here-in-after referred to as 'the Act' as the partners of M/s. Jamuna Oil Mills had, after coming into force of the Act, introduced a new partner, namely, one Sri Narsingh Das into the partnership.

(3.) ADMITTEDLY, the accommodation in dispute was taken on rent in 1955 by five persons as partners of M/s. Jamuna Oil Mills on a monthly rent of Rs. 500 namely, Sri K. C. Mehrotra, Sri Narsingh Das, Sardar Gurcharan Singh, Sardar Mehar Singh and Sardar Singh. This partnership continued till its reconstitution on 12th November, 1962 with only three partners, namely K. C. Mehrotra, Narsingh Das and Sardar Gurcharan Singh. The partnership firm was registered with the Registrar of Firms under Section 58 (1) of the Indian Partnership Act, 1932. Under the partnership deed, Sri Narsingh Das did not contribute anything towards the capital of the partnership firm but he was a working partner. Sardar Gurcharan Singh died on 27th May, 1968 and this resulted in the automatic dissolution of the partnership firm as provided by the provisions of Section 42 (c) of the Indian Partnership Act.