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1970 Supreme(SC) 47

A.N.GROVER, J.C.SHAH, K.S.HEGDE
Saifuddin Hussinbhay Siamwala – Appellant
Versus
Burma Cycle Trading Company – Respondent


A.N. GROVER, J.

(1) THE only point for determination in this appeal by special leave is whether the present suit for eviction under the provisions of the Madras Buildings (Lease and Rent Control) Act, 1960, hereinafter called the "Act", was barred byvirtue of the provisions of S. 69(3) of the Indian Partnership Act owing to the non-registration of the firm of which the four appellants are the partners.

(2) THE appellants purchased a property bearing No. 164 Broadway, Madras. The sale deed was executed in favour of the first and second appellants who are brothers and the third and fourth appellants who are their sisters. They filed an application before the Rent Controller at Madras under S. 10 of the Act against the respondent and another on the ground that the premises were required bona fide for their own use, occupation and business and that the tenant had sub-let a portion of the premises. The application for eviction was filed by all the four appellants who were stated to be carrying on business under the name and style of Saleh Bros. The tenant filed a written statement raising various pleas but it was no where alleged or stated that any contract of tenancy had










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