JUDGMENT - G.H. GUTTAL, J.:---The principal question which arises in this suit is this:---Where two partners together hold the premises of the firm as tenants, does the relinquishment of his interest in the tenancy by one partner in favour of the other, constitute, assignment or the transfer of his interest in the tenancy, which is forbidden by section 15(1) of the Bombay, Rents Hotel and Lodging House Rates Control Act ?

The suit instituted by Dr. Nariman Irani, the partner of the Defendant Dr. Adi Merwan Irani in the business known as "Dr. Irani's Maternity and Surgical Nursing Home, at 7, Jer Mansion, 1st Floor, 70-B, Gowalia Tank Road, Bombay-26", is mainly for a declaration that two writings executed by him on 13th October, 1976, purporting to "gift" his share in the partnership in favour of the Defendant are not valid and that the partnership firm continues to exist as it did, before the execution of the two writings.

2. The plaintiff's case is as under :---

The plaintiff and the defendant together hold, on lease, a flat at Jer Mansion, Gowalia Tank Road, Bombay-26. Subsequent to the acquisition of the lease, they started the Nursing Home in partnership in accordance with the

Click Here to Read the rest of this document