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1979 Supreme(Mad) 17

T.RAMAPRASADA RAO
P. V. Subbu Chetty and Sons – Appellant
Versus
Madras Stainless Emporium (Regd. ) and another – Respondent


Advocates:
K. P. Unnikrishnan, for Petitioner.

Judgment: — On three grounds the petitioner filed a, rent control petition for evicting the respondent from premises No. 9111, Venkar tachala Mudali Street, Mylapore, Madras-4. The undisputed facts in this case are that originally a partnership consisting of mother and her three sons were carrying on business in the premises in question under the name and style of Messrs. Stainless Steel Emporium. The petitioner later found the sign board of M/s. Ameena Metal Stores in the said premises and, therefore, he was of the view that the original emporium vacated the premises or it has sub-let the same to Ameena Stores. With that impression gained by him on the facts discovered at site and also on. the ground that the tenant, meaning thereby the Emporium, did not send rents from June to September, 1972, the present application for eviction was filed.

2. The first respondent’s case was that the partnership, was dissolved in 1970, that one of the partners of the quondam partnership continued to remain in the premises and was trading therein but under a different style of Ameena Stores and that, therefore, there wasneither sub-letting nor a question of the tenant ceasing to occupy the premise





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