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1999 Supreme(SC) 97

G.B.PATTANAIK, M.B.SHAH
Marshall Sons And Company India LTD. – Appellant
Versus
Sahi Oretrans (P) LTD. – Respondent


Order

Leave granted.

2. This appeal has been filed under the following circumstances. The present appellant had obtained a decree for eviction in Rent Suit No. 549/5333 of 1962 as early as on 16th June, 1969. The suit was filed against (i) M/s. United Artists Corporation (Original Defendant No. 1), (ii) The Western India Theaters Ltd. (iii) M/s. Halda Engineering Co., and (iv) Anti Friction Bearing Corporation Limited (Original Defendant Nos. 2, 3 and 4 respectively) for obtaining vacant possession of the said premises on the ground that original defendant No. 1 had failed to pay rent for a period of six months and for unlaw­ful subletting the premises. The trial Court decreed the suit against defendant No. 1. On appeal being Appeal No. 534 of 1969, the decree against original defendant No. 1 was confirmed and the decree of dismissal against defendant Nos. 2 to 4 was also confirmed. Against that order appellant preferred Writ Petition No. 1695 of 1979 before the High Court. The High Court confirmed the decree against the original defendant No. 1 and the order passed by the trial Court dismissing the suit against them was also reversed by passing a decree against original defendants 2









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