ANIRUDDHA BOSE,J. - (1.) The appellant before us is the owner of a premises comprising of a shop room, numbered 3 in the ground floor of Sabari Complex, Residency Road, Richmond Town, Bengaluru 560025. This premises is the subject of dispute in this appeal. The suit, out of which this appeal arises, was instituted by "Sri Sabari Corporation" styled as a coownership firm comprising of seventeen individuals. All these individuals were also described as plaintiffs (a) to (q) in the suit in the capacity of co-owners. They shall be referred to later in this judgment as the "original plaintiffs". The mother of the sole respondent was inducted as the lessee of the subject-premises on 10th May, 1978. At that point of time, the owner of the premises was a partnership firm with the same trade name. Admitted position is that on his mother's death in the year 1996, the respondent became the tenant of the subject premises. The original plaintiffs through their learned Advocates issued a notice terminating the lease in terms of Section 106 of the Transfer of Property Act on 25/27th September, 2006. In this notice, the nature of occupation has been interchangeably used as "tenancy" and "lease", but that factor is not of much significance for determining the rights of the parties in this appeal. The suit was instituted in the Court of the XII City Civil Judge, Bangalore on 15th November 2006 claiming, inter-alia, delivery of vacant possession of the subject premises and mesne profit. We shall subsequently refer to the respondent as defendant. The original plaintiffs claim to have had derived their right, title and interest to the subject premises from the partnership firm after its dissolution. It has been contended on their behalf that some of them are the erstwhile partners and others are their relatives and they came to own the subject premises as residue property in accordance with Section 48 of the Indian Partnership Act, 1932. The Trial Court decreed the suit for possession as well as mesne profit from the date of service of notice of termination. The defendant was given six months' time to vacate the subject-premises. The defendant, however, was successful in his appeal before the High Court and the judgment of the Trial Court was reversed. The present appellant is the successor-in-interest of the seventeen individuals who had instituted the suit in the name of joint proprietary firm. This appellant claims to have had purchased the subject premises from the original owners. His substitution in this appeal was allowed by this Court by an order passed on 7th January, 2010.
(2.) The main question which arises for determination in this appeal is as to whether the original plaintiffs had the locus to institute the suit or not. The suit was resisted by the defendant on the ground that the said plaintiffs could not have had terminated the tenancy as they did not have jural relationship with the defendant to initiate the action. It has been urged in support of this contention that there was no attornment in this case and no public notice was issued on dissolution of the firm as per the provisions of Section 45(1) of the 1932 Act. The original plaintiffs' stand on devolution of the subject premises has been contested by the defendant. It is his contention that if the devolution came through at all, the process of such devolution was through conveyance of immovable property but without effecting registration on payment of proper stamp duty. Learned counsel for the defendant submitted that for this reason, the instruments through which such devolution is sought to be established ought not to be taken cognizance of in a judicial proceeding. The other issues which have been raised are ancillary to this main question. Before we proceed to examine this question of law, we shall have to refer to certain facts from which the present controversy originates. At the time the lease was created, the partnership firm comprised of seven partners and a minor beneficiary. The original lease was for five years. The arrangement however continued even after lapse of the five year period. The defendant continued in possession on paying rent and the plaintiffs' case before the Trial Court has been that the defendant had remained in the subject-premises as a tenant. According to the plaintiffs, the firm stood dissolved with effect from 7th December, 1978.
(3.) In the plaint, there is no specific pleading showing the manner in which the plaintiffs derived title or interest to the subject-premises. The defendant contested the suit by filing written statement. Proper service of termination notice was also denied and certain other points were raised, but the suit was mainly contested on the issue of lack of jural relationship between the original plaintiffs and defendant.;