REVTI RAMAN Vs. DISTRICT JUDGE MATHURA

JUDGEMENT

(1.) S. K. Phaujdar, J. Respondent, Madan Mohan Sharma filed Suit No. 69 of 1986 against the present petitioners for recovery of rent as also for possession of a tenanted premises. The suit was initially dismissed. The plaintiff preferred Civil Revision No. 62 of 1990 and the S. C. C. revision was allowed by the District Judge on22-ll-1996.

(2.) BY the revisional order the decree for dismissal was set aside and eviction of the defendants from the suit premises was directed. This order is under challenge in the present writ petition.

(3.) CERTAIN undisputed facts are to be mentioned before taking up analysis of the law and the arguments of the parties on the above question. The suit was filed by the present respondent No. 3 who will be described as the plaintiff or in short 'b". The defendants named therein were Rewati Raman (Defendant No. 1 - petitioner No. 1, in short 'd-l') Defendant Radharaman as D2 Krishna Bansal (defendant No. 3- respondent No. 4, in short 'd-3) and Mahesh Chand (defendant No. 4 petitioner No. 3 in short 'd-4' ). Admittedly, the first-ever partnership was constituted through a partnership deed in 1968 wherein D-l and D-3 only were the partners. In 1978 another partnership deed was made wherein D-4 was also added as one of the partners. There was a third partnership deed in which D-l was dropped as a partner, D-2 was intro duced as a partner together with D-3 and D-4. The suit as aforesaid was filed in 1986.