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2007 Supreme(SC) 284

B.P.SINGH, HARJIT SINGH BEDI
AMAR NATH AGARWALLA – Appellant
Versus
DHILLON TRANSPORT AGENCY – Respondent


JUDGMENT

1. The appellant in these appeals by special leave is the landlord who filed a suit for eviction of the respondent tenant from the premises in question. The tenancy was created in favour of the respondent firm which consisted of four partners.

2. The eviction of the respondent was sought on the ground that the defendant had sub - let, assigned and/or transferred possession of the said premises and/or part thereof to Dhillon Transport Quick Service and Dhillon Roadways Corporation and others without consent in writing of the plaintiff landlord. In its written statement the tenant denied the allegation of sub - tenancy and submitted that Mis Dhillon Transport Agency, a partnership firm was originally the tenant. The partnership had four partners who carried on business in the name and style of Dhillon Transport Agency. Since disputes and differences arose amongst the partners, Title Suit No. 19 of 199 I was filed in the Court of the 1st Subordinate Judge at Patna and all matters were settled by compromise. Consequently, the firm was dissolved and one of the partners was given all the assets of the firm and he formed another firm with himself as one of the partners. It was av


















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