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1968 Supreme(SC) 2

J.C.SHAH, V.BHARGAVA, V.RAMASWAMI
Delhi Motor Company – Appellant
Versus
U. A. Basrurkar – Respondent


Advocates:
A.D.MATHUR, H.K.PURI, K.K.JAIN, Rameshwar Dayal, Veda Vyasa

Judgement

BHARGAVA, J. : The first appellant, Messrs. Delhi Motor Company, is a partners ship firm (hereinafter referred to as "the firm"), of which the other four appellants Nos. 2 to 5 are partners. Respondent No 6, New Garage Ltd. is a private limited company (hereinafter referred to as "the Company"), of which respondent No. 1 was the Managing Director, and respondents Nos. 2 to 5 were members of the Board of Directors. The firm brought a suit against the Company far possession of part of the building known as "Scindia House" situated in Connaught Circus, New Delhi, on the basis of an agreement of sub-lease. Possession was claimed of a portion of the Show-Room on the ground floor, of 1/2 portion of the Balcony, and another portion of the premises which were, in the year 1950, in the possession of Messrs. Kanwar Brothers Ltd. The case put forward by the firm was that the Company was the tenant of Scindia House and was in occupation of the Show-Room and other parts of the building, while a part of it was occupied by Messrs. Kanwar Brothers Ltd. as sub-lessee of the Company. According to the firm, the agreement to sub-lease, or the sub-lease on the basis of which possession was cla
















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