JAMUNA OIL MILLS Vs. ADDL DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) THIS is a tenant's petition under Article 226 of the Constitution of India arising out of proceedings under Section 16 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, hereinafter called the Act.

(2.) SMT. Brinjrani Mehrotra, opposite party No. 3 is the landlady of building No. 75, Malviya Nagar, Allahabad (Old No. 64/74 Yahiyapur, Allahabad). Machinery for extracting oil was installed in it. M/s. Jamuna Oil Mills, the petitioner, is a firm carrying on the business of extracting oil and other business incidental thereof. Originally there were five partners in this film, namely, Shri K. C. Mehrotra, Shri Narsing Das, Sardar Gur Charan Singh, Sardar Mahar Singh and Sri Sardar Singh. The petitioner firm took the building along with the machinery etc. installed in it on lease on a monthly rent of Rs. 500/- in 1955. The aforesaid partnership firm continued upto 12-11-1962 when it was reconstituted with only three partners, namely, Shri K. C. Mehrotra, Sardar Gur Charan Singh and Shri Nar Singh Das. It was duly registered as required by Section 58(1) of the Indian Partnership Act, 1953.

(3.) ON 17-4-1975 the landlady opposite party No. 3 moved an application before the Rent Control and Eviction Officer to the effect that the building was exempt from the operation of the said Act and he had no jurisdiction to deal with the allotment application. She also gave out that in case the building is deemed to have fallen vacant she may be granted time to move a release application before the disposal of the application for allotment.