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1973 Supreme(SC) 45

J.M.SHELAT, Y.V.CHANDRACHUD
Thakker Keshavlal Mohanlal – Appellant
Versus
Parekh Amrutlal Harilal – Respondent


Judgment

CHANDRACHUD, J. :- On April 11, 1954 respondents 1 to 5 granted to Respondent 8 a lease of certain premises in Morvi, Gujarat, for the purposes of a soap factory. Respondent 8 entered into a partnership with the appellant for running the factory. The partnership was dissolved on June 3, 1966 and on July 27, respondents 1 to 5 gave a notice to quit to respondent 8 on the ground that he had sub-let the premises to the appellant and to respondents 6 and 7. Respondents 1 to 5 thereafter brought a suit to evict the appellant and respondents 6 to 8, in the court of the learned Civil Judge Jr. Dv., Morvi. That suit was decreed and the decision was confirmed in appeal as well as in the revision application filed by the appellant in the High Court of Gujarat. This appeal by special leave is directed against the judgment of the High Court.

2. Learned counsel appearing for the appellant contends that the sub-tenancy in favour of the appellant must receive the protection of the notification issued by the State Government under the proviso to Section 15 (1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 and therefore the appellant is not liable to be evicted on the





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