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1978 Supreme(All) 765

M.P.SAXENA
Jamuna Oil Mills – Appellant
Versus
Addl. District Judge – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rajesh Tandon and S.P. Gupta, adv
For the Respondent: H.C. Kharbanda, Bharat Ji Agarwal, R.P. Tripathi and K.C. Saxena, adv

JUDGMENT :

M.P. Saxena, J.

This is a tenant's petition under Article 226 of the Constitution of India arising out of proceedings u/s 16 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, hereinafter called the Act.

2. Smt. Brinjrani Mehrotra, opposite party No. 3 is the landlady of building No. 75, Malviya Nagar, Allahabad (Old No. 64/74 Yahiyapur, Allahabad). Machinery for extracting oil was installed in it. Jamuna Oil Mills, the Petitioner, is a firm carrying on the business of extracting oil and other business incidental thereof. Originally there were five partners in this film, namely, Shri K.C. Mehrotra, Shri Narsing Das, Sardar Gur Charan Singh, Sardar Mahar Singh and Sri Sardar Singh. The Petitioner firm took the building along with the machinery etc. installed in it on lease on a monthly rent of Rs. 500/- in 1955. The aforesaid partnership firm continued upto 12-11-1962 when it was reconstituted with only three partners, namely, Shri K.C. Mehrotra, Sardar Gur Charan Singh and Shri Nar Singh Das. It was duly registered as required by Section 58(1) of the Indian Partnership Act, 1932.

3. On 27-5-1968 Gur Charan Singh, one of the partners died apd th
























































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