HOTEL VILAS Vs. ANIL ROY

JUDGEMENT

(1.) S. U. Khan, J. Heard learned Counsel for the parties.

(2.) THIS writ petition has been filed by the second lessees or transferees of lessor's right during continuance of tenancy of the original tenant Sampat Roy whose heirs are respondents in this writ petition. Petitioners may be described as transferees or assignees of the reversion which was reserved to the owner landlord after he executed the lease in favour of tenant Sampat Roy. Such an assignee is in the position of landlord as far as recovery of rent and ejectment is concerned in respect of the tenant who was earlier inducted by the original owner-landlord. In this regard reference may be made to an authority of this Court reported in Munshi Lal Niyaria v. Lala Kedar Nath, 1970 AWR 803. I have also considered this question in Ved Prakash Arya v. A. D. M. , 2003 (2) ARC 797. In the said authority, I placed reliance upon several authorities including the authority of this Court reported in 1978 ALJ 759. A contrary view has been taken by the Calcutta High Court in AIR 2005 Cal. 281, Shambhoo Nath Misra v. Khaitan Consultant Limited. With great respect, I do not agree with the view of the Calcutta High Court. Moreover, an authority of this very Court has got binding force in preference to the view taken by another High Court.

(3.) THE lease of reversion was executed by the original owner landlord Sri Gyan Prakash in favour of M/s. Hotel Vilas a partnership firm at that time in which sons or daughters in law of Sri Gyan Prakash were partners. Sri Gyan Prakash left behind three sons, Yasharth, Purusharth and Parmarth. When release application was filed wives of Purusharth and Yasharth i. e. Smt. Ranjana and Smt. Nutan alongwith Parmarth the third son of late Sri Gyan Prakash were partners of the firm M/s. Hotel Vilas. THEy sued in the capacity of landlords/second lessees/assignees of the right of reversion of the owner landlord. During pendency of appeal partition took place among the partners and partnership was annulled and entire assets of the partnership firm were given to Smt. Nutan wife of Sri Yasharth who is petitioner No. 2 in this writ petition. M/s. Hotel Vilas is now a trade name and its proprietor is Smt. Nutan. This arrangement has been accepted by the heirs of the original owner landlord late Sri Gyan Prakash (incidentally the major heirs of late Gyan Prakash are his three sons ). Rent was also paid by the tenants to Hotel Vilas. THE appellate Court decided the said question in favour of the landlord and held that M/s. Hotel Vilas a proprietorship of Smt. Nutan and Smt. Nutan became the landlord of the tenants after family partition in 2001 (24-7- 2001 and 8-9-2001 ). As stated earlier, in the counter-affidavit absolutely nothing has been said against the said finding. Even otherwise in my opinion such an arrangement among different persons belonging to the set of second lessees is quite permissible. THE heirs of the owner have got no objection hence tenants can not say anything against that.