MUTHULINGAM Vs. MARKANDEYA

JUDGEMENT

(1.) This revision raises two questions of law viz., as to whether the dissolution of a partnership firm and the assignment of the shares of two of the partners in favour of the remaining partners of the firm who start new partnership firm can lead to the conclusion that the original firm "ceased to occupy" the premises in question and whether there is conseqantial sub-letting by the original firm to the new firm.

(2.) This revision is filed by respondents 3 to 6 in the eviction petition against the landlord. For the purpose of convenience I shall refer to the parties as they are arrayed in the main Rent Control Petition before the Rent Controller.

(3.) The Respondents 1 and 2 in the eviction petition are brothers and were partners along with respondent 3 as also his sons respondents 4,5 and 6 and were doing cloth business by name "Alladi Mallaiah Cloth Merchants". Respondents 1 and 2 belong to Alladi family while respondents 3 to 6 belong to the Gunda family and the parties are vysyas. There is some evidence about the ancestors of tae Alladi and Gunda family having originally taken this non-residential premises in question on lease but it is sufficient to state that the recitals in Ex. B-1 to which I shall presently refer, show that there was a partnership deed dated 10-7-75 Which stated that respondents 1 and 2 as well as respondents 3 to 6 were partners of a firm by name Alladi Mallaiah Cloth Merchants at Warangal.