He was numberlonger proprietor of the business, and merely extended his assistance under a power of attorney enabling him to, act for the partnership.
The finding is supported by ample evidence on the record.
Appeal by Special Leave from the Judgment and order dated 14th December 1977 of the Punjab and Haryana High Court in Civil Revision No 613/74.
used by the partnership firm, and numberinquiry was ever made by the licensing authority, when renewing it, to determine whether the original holder of the licence was still carrying on the business.
The Rent Controller found in favour of the respondent and passed an order of eviction, which was subsequently affirmed by the Appellate Authority.
under s. 15 5 , East Punjab Urban Rent Restriction Act, 1949 arising out of eviction proceedings.
The appellants denied that the shop had been sub let and pleaded that they, along with their father companystituted a joint Hindu family, and that the joint Hindu family was the tenant of the shop.
Govind Das, Mrs. Urmila Kapoor and Mrs. Shobha Dixit for the Appellant.
The respondent, as landlord, applied under s. 13 2 ii a of the East Punjab Urban Rent Restriction Act, 1949 for the possession of a shop forming part of the premises No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
N. Phadke, N.C. Jain, S.K. Dhingra and S.L. Sethia for the Respondent.
As the evidence plainly shows, the licence was issued to him when he was carrying on the business, and subsequently, although it companytinued to stand in his name, it was.
Some reliance was placed on the circumstance that the licence for carrying on the business stood in the name of Gurcharan Singh.
The Judgment of the Court was delivered by PATHAK, J. This appeal by special leave is directed against a judgment of the High Court of Punjab Haryana dismissing a tenants revision petition.
Ambala Cantonment occupied by the appellants.
6283, Nicholson Road.
840 of 1978.
He claimed that the shop had been let out to the first appellant, Gurcharan Singh but that he had without the written companysent of the respondent, sublet the shop to his father, Gurdayal Singh and his brothers, Anoop Singh and Jagjit Singh.
The material shows that the shop was let out to Gurcharan Singh alone, and the business carried on by him was later taken over by a partnership companysisting of his father and brothers.
The appellants applied in revision, and the High Court has, by its judgment and order dated 14th December, 1977 dismissed the revision application.
