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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Sudershan – Appellant
Versus
Divisional Commissioner, Shimla – Respondent
| Table of Content |
|---|
| 1. writ challenges eviction orders under public premises act. (Para 1 , 2 , 10) |
| 2. prior eviction failed due to improper termination notice. (Para 3 , 4 , 5) |
| 3. eviction granted for arrears, unproven partnership, society's need. (Para 6 , 7 , 8) |
| 4. appeal remanded then dismissed post high court order. (Para 9) |
| 5. dispute: tenancy to firm vs individual; impleadment required. (Para 11 , 12) |
| 6. no judicial interference absent perversity or evidence of firm tenancy. (Para 13 , 14 , 15 , 16 , 17 , 18) |
1.By way of this writ petition, the petitioners have inter alia prayed for the following reliefs:-
“That a writ in the nature of certiorari may very kindly be passed for quashing of order dt. 4.9.2018 and 20.09.2007 passed by Respondents No. 1 and 2 respectively as contained in Annexure P-7 and P-5.”
2. The petitioners are aggrieved by the order passed by the Authorities under the H.P. Public Premises (Land Eviction and Rent Recovery) Act, 1971, in terms whereof, the predecessor in interest of the present petitioners was ordered to be evicted from the premises in issue.
3. Brief facts necessary for the adjudication of this petition are that proceedin
Tenancy to individual predating partnership deed upheld; eviction under public premises act for arrears and own use justified absent proof of firm tenancy, despite rent payments by firm.
(1) Tenancy is a relationship which is created between two parties. Even if there is oral agreement of tenancy, Court has to look into circumstances and intention of parties and other material to con....
The court upheld the plaintiff's need for the premises for building purposes, finding the notice to quit valid and the defendant's claim of manufacturing unproven.
Eviction of partners from unregistered firms must adhere to statutory provisions of the Indian Partnership Act regarding legal standing and misrepresentation in earlier suits.
The main legal point established in the judgment is that the property of the firm includes all property and rights brought into the stock of the firm, and the partnership firm became the owner of the....
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