VASANT RAO UDHAVRAO SHIVALE Vs. WAMANRAO GENUJI SHIROLE

JUDGEMENT

(1.) HEARD Mr. Mandlik, learned counsel for the petitioners and Mr. Khadapkar, learned counsel for the respondent.

(2.) THIS petition raises a short yet important question as to whether interest of the tenant of non residential premises to which bombay Rents, Hotel and Lodging House rates (Control) Act, (57 of 1947) (for short "the Rent Act") applies is attachable and saleable in execution of the decree against the tenant.

(3.) THE factual matrix that would be material for considering the aforestated question, in brief, is as follows: The petitioners and respondent nos. 3 to 6 are the owners of the premises i. e. 1231, Bhavani Peth, Pune -411 002 (for short "the said premises" ). The said premises were let out to M/s. Vinodchandra Kuberdas. One Dinkarrao laxman Chandgude, respondent nos. 2a and 2b were the partners of Vinodchandra kuberdas. Admittedly, the premises were commercial premises. In 1977, the firm M/s. Vinodchandra Kuberdas was dissolved as per the decree passed in Suit No. 821 of 1976. In 1977, Kuberdas sublet the said premises to respondent nos. 2a i. e. Khashaba Bhikaji dhore. Respondent Nos. 2a and 2b claimed to be the partners of the firm by name Kalyani traders and Company which carries on business in eatable oil. There does not seem to be any dispute that respondent nos. 2a and 2b are successors in title of Kuberchand and company. The third partner of M/s. Kalyani traders by name Dinkarrao Laxmanrao chandgude is dead.