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2004 Supreme(SC) 967

C. K. THAKKER, G. P. MATHUR
Mahendra Saree Emporium – Appellant
Versus
G. V. Srinivasa Murthy – Respondent


JUDGMENT

R.C. Lahoti, CJI-Respondent, G.V. Srinivasa Murthy is the owner-cum-landlord of the suit premises, non-residential in nature. M/s Mahendra Saree Emporium was a sole proprietary concern - now a partnership firm, sued as the tenant and is the appellant before us. On 21.7.1987 proceedings for eviction were initiated by the landlord against the tenant on the ground alleged to be available under clause (f) of sub-section (1) of Section 21 of the Karnataka Rent Control Act, 1961, hereinafter, the 1961 Act or the Old Act , for short. It is not disputed that the premises were taken on rent under Lease Deed dated 16.12.1968 executed by Jugraj, father of Indrachand. The business in the name and style of M/s. Mahendra Saree Emporium was always conducted by Indrachand, who was minor on 16.12.1968 when the tenancy commenced. Later the business has been converted into a partnership business. Indrachand s two brothers, one brother s wife and one uncle s son are included in the partnership. According to the landlord, the tenant has unlawfully sublet the premises. According to him, the premises were for an individual s business and entering into partnership amounts to a ground for evicti





































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