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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