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1989 Supreme(SC) 71

L.M.SHARMA, M.H.KANIA
Shah Phoolchand Lalchand – Appellant
Versus
Parvathi Bai – Respondent


Advocates:
AMBRISH KUMAR, B.N.NAYAR, H.C.BARDINATH, K.SRINIVASAN INDRAJEETH SHAH, R.K.GUPTA, SUDHA SRIVASTAVA, T.V.S.N.Chari, U.R.Lalit

JUDGMENT

KANIA, J :— this is an appeal filed by, Special Leave under Article 136 of the Constitution by the appellants who are the tenants against the respondent-landlady.

2. The appellants are a partnership firm and are the tenants of premises situate at No. 6 Kasi Chetty Street, G.T. Madras. They carry on business there. The respondent filed an eviction petition being H.R.C. No. 641 of 1975 in the Court of Small Causes, Madras against the appellants and one other partnership firm, carrying on business in the name and style of M/s. Adeshwar Glass Mart on the ground that the appellants had unlawfully and without the consent of the respondent sublet the said shop let out to the said M/s. Adeshwar Glass Mart and were liable to be evicted for unlawful subletting under the provision of Section 10(2)(ii)(a) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as "the said Rent Act"). M/s. Adeshwar Glass Mart were also joined by the respondent herein as respondents in the eviction petition on the ground that they were unlawful subtenants. The trial Court held this ground established and passed a decree for eviction as sought by the respondent. The appell








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