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1986 Supreme(P&H) 261

G.C.MITTAL
Dharam Chand – Appellant
Versus
Chander Kala – Respondent


Judgment

Gokal Chand Mital, J.

1. The landlords sought ejectment of Gian Chand tenant on the pleas that he had sub-let the shop to Sarvshri Dharam Chand Manohar Lal, sons of Chuni Lal and Malawa Ram son of Bisanda Ram, who were carrying on business in the name and style of Manohar Stores. In case M/s Manohar Stores is proved to be partnership firm, since the tenancy was only given to Gian Chand ejectment is sought on the ground of sub-letting to Dharam Chand, Manohar Lal sons of Chuni Lal and Malawa Ram son of Bisanda Ram and for non-payment of rent. In highlighting the facts of sub-letting, it was pleaded that Gian Chand was the tenant whereas the sub-tenants were carrying on business in the name and style of Manohar Stores. In the alternative it was pleaded that if it is proved that Manohar Stores was proved to be the tenants, yet order of ejectment the ground of sub-letting was liable to be passed because M/r Manohar Stores partnership firm stood dissolved and, therefore, the occupation of the rest while partners was by the way of sub-letting. In the written statement it was pleaded that M/r Manohar Stores had taken the premises on rent on 1.5.1961 through Manohar Lal as partner














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