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1980 Supreme(Ker) 317

P.J.AMMA
Joshi Trading Co. P. Ltd. – Appellant
Versus
Essa Ismail Sait – Respondent


JUDGMENT

P. Janaki Amma, J.

1. The petitioner in C. R. P. No. 583 of 1980 is M/s. Joshi Trading Company (Pvt.) Ltd., in liquidation, represented by the official liquidator, Bombay High Court. The petition is filed against the order of the subordinate judge, Cochin, allowing execution of the order for eviction passed in R. C. P. No. 27 of 1978 of the Rent Control Court, Cochin.

2. The building involved is owned by the first respondent in C. R. P. No. 583 of 1980, who is the sole respondent in C. R. P. No. 839 of 1980. The building is alleged to have been let to M/s. Joshi Trading Company P. Ltd. on a rent of Rs. 3,000. The petition, R. C. P. No. 27 of 1978, was filed on February 13, 1978 on the ground that the tenant, who was the first respondent therein, defaulted to pay rent from December 1, 1976, and sublet the building to respondents 2 to 4. The fifth respondent in the petition was the official liquidator. Respondents 1 and 5 did not contest the petition. Respondents 2 to 4 filed objections denying the sub-lease and setting up an arrangement under which they had paid rent to the first respondent. The third respondent also contended that the petition was not maintainable without the




























































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