ALKA SARIN
Mount Shivalik Hospitality Pvt. Ltd. – Appellant
Versus
J. Salwan & Company – Respondent
JUDGMENT
Alka Sarin, J. - The present revision petition has been preferred by the tenantpetitioner aggrieved by the order dated 22.02.2022 whereby the application filed by it for dismissal of the rent petition has been dismissed by the Rent Controller.
2. The tenant-petitioner took the demised premises on rent from the landlord-respondent vide lease and licence deed dated 19.02.2018. In 2021 the landlord-respondent filed an ejectment petition against the tenantpetitioner seeking its eviction from the demised premises. On 30.11.2021 the tenant-petitioner filed an application for dismissal of the ejectment petition in view of Section 69(2) of the Indian Partnership Act, 1932 (hereinafter referred to as the 'Partnership Act') contending that the landlord-respondent was an unregistered partnership firm. The landlord-respondent filed a reply to the said application and contested the same. Vide the impugned order the Rent Controller dismissed the said application. Hence, the present revision petition.
3. Learned counsel for the tenant-petitioner would contend that para 1 of the ejectment petition refers to a partnership deed dated 06.05.2019. However, there are no pleadings as to the said p
Gorak Nath Champalal Pandey vs. Hansraj Manot
Haldiram Bhujiawala & Anr. vs. Anand Kumar Deepak Kumar & Anr. (2000) 3 SCC 250
Hansraj Manot vs. Messrs. Gorak Nath Champalal Pandey 1961 (66) CalWN 262
Jagdish Chander Gupta vs. Kajaria Traders (India) Ltd. AIR 1964 SC 1882
Krishan Engineering Works (Regd.) vs. Durga Dass (2001) 2 RCR(Civ) 69
Mukesh Kumar vs. M/s Continental Construction Ltd. 2010 (4) RCR(Civ) 639
Purushottam & Anr. vs. Shivraj Fine Arts Litho Works & Ors. (2007) 15 SCC 58
Raptakos Brett & Co. Ltd. vs. Ganesh Property (1998) 7 SCC 184
Saifuddin Hussainibhoy Siamwala & Ors. vs. Burma Cycle Trading Co. (1971) 3 SCC 881
Sawan Ram vs. Gobinda Ram & Anr. 1980 (1) RCR (Rent) 21
Umesh Goel vs. Himachal Pradesh Cooperative Group Housing Society Ltd. (2016) 11 SCC 313
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.