SH.PROMOD SONI Vs. STATE OF H.P.

JUDGEMENT

(1.) This petition under Section 115 of the Code of Civil Procedure is directed against the orders of learned Additional District Judge, Solan, in Civil Misc. Appeal No. 27 -NL/14 of 1999, dated April 19, 2000.

(2.) It appears, M/s. Lotus Computers, a partnership firm, was allotted Shed No. 12 in the Industrial Area at Baddi in the District of Solan by the respondent -State of Himachal Pradesh in the Department of Industries through respondent No. 3. The allotment was made by a letter dated April 3, 1995 and formal agreement deed (Exhibit D6) was executed on May 16,1995. At the relevant time, Mr. Anil Raheja, Y.P. Raheja and Mrs. Preeti Raheja were the partners of the Lotus Computers.

(3.) This firm, according to the plaintiffs, was dissolved, by a Dissolution Deed, on March 28,1998. Under the deed of dissolution, Y.P. Raheja and Mrs. Preeti Raheja left the partnership firm and Anil Raheja alone, it was agreed, was to carry on the business. Anil Raheja on April 6, 1998 opened a new partnership firm in the name and style of M/s. Image Maker (Petitioner No. 2) with Parmod Soni, plaintiff No. 2 (petitioner No. 1) as partner to do the business of readymade garments in the shed which was allotted to M/s. Lotus Computers. Lotus Computers had defaulted in the payment of rent as per the terms and conditions of the agreement under which this shed was allotted to it. The allotment, after show cause notice to the respondent, was cancelled on March 20,1996 and the possession of the shed was taken over by the respondent -State of Himachal Pradesh on March 26, 1997.