P.N.BHAGWATI, SABYASACHI MUKHARJEE
Chhotelal Pyarelal, The Partnership Firm – Appellant
Versus
Shikarchand – Respondent
JUDGMENT
BHAGWATI, J. :—The respondent filed an application under Clauses 13 (3) (vi) and (vii) of the C. P. and Berar Letting of Houses and Rent Control Order of 1949 (hereinafter referred to as HRC Order) to evict petitioner No. 1 firm of M/s. Chhotelal Pyarelal. The respondent alleged that the firm was a tenant in respect of the premises and eviction of the firm was sought on the ground of bona fide requirement of the respondent for the purpose of his occupation under paragraph (vi) as also for the purpose of making essential repairs under paragraph (vii) of Clause 13 (3). The firm of Chhotelal Pyarelal raised a preliminary contention that no application could be maintained against a partnership firm and such an application was liable to be rejected, This contention ultimately came to be considered by a learned single Judge of the High Court at Nagpur. The learned single Judge being under the impression that there was still operative a judgment of another single Judge of the High Court taking the view that such an application against a partnerships firm was not maintainable, referred this question to a larger Bench, This question accordingly came up before a Division Bench of th
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