B. N. Sapru, J. - (1.) THE petitioner M/s. Jamuna Oil Mills is a registered partnership firm carrying on business in oil and took premises no. 75, Malviyanagar, Allahabad (old no. 64/74, Yahiapur, Allahabad) on rent from its owner Smt. Brij Rani Mehrotra on a monthly rent of Rs. 500/- in 1955.
(2.) ON 1-1-1975, one Pradip Tandon, made an application to the Kent Control and Eviction Officer for the allotment of the accommodation on the ground that the partnership firm had illegally sub-let the accommodation to one Bishambhar Lal. Subsequently he took up another plea also that there was a deemed vacancy under the provisions of Section 12 (2) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, here-in-after referred to as 'the Act' as the partners of M/s. Jamuna Oil Mills had, after coming into force of the Act, introduced a new partner, namely, one Sri Narsingh Das into the partnership. The landlady also made an application under Section 16 of the Act. She also claimed that there was a deemed vacancy under Section 12 (2) of the Act as the partners of the firm had admitted Sri Narsingh Das as a new partner in the firm. The petitioner denied that Sri Narsingh Das was a new partner and they also denied that they had illegally sublet the accommodation to Sri Bishwambhar Lal. The Rent Control and Eviction Officer, by his order dated 18-8-1975, held that there had been no sub-letting in favour of Vishwambhar Lal and Narsingh Das was an old partner and as such there was no deemed vacancy under Section 12 (2) of the Act. He, accordingly, dismissed the application of the landlady for the release of the accommodation in her favour. He similarly dismissed the application of Sri Pradip Tandon for allotment. The landlady did not file any appeal but Sri Pradip Tandon filed an appeal which was numbered as Rent Control Appeal No. 596 of 1975-Pradip Tandon v. Jamuna Oil Mills in the court of III Additional District Judge, Allahabad. The learned III Additional District Judge has allowed the appeal on the ground that Sri Narsingh Das was a new partner introduced in the firm as a partner with effect from 9-9-1974 and as such there was a deemed vacancy. The learned Judge did not accept the case of Pradip Tandon and the landlady that there was sub-letting in favour of Vishwambhar Lal. After holding that there was a deemed vacancy, the learned Judge has directed the Rent Control and Eviction Officer to notify the vacancy and proceed according to law. Aggrieved by the order of the learned III Additional District Judge, the petitioner has preferred the present writ petition.
(3.) ADMITTEDLY, the accommodation in dispute was taken on rent in 1955 by five persons as partners of M/s. Jamuna Oil Mills on a monthly rent of Rs. 500 namely, Sri K. C. Mehrotra, Sri Narsingh Das, Sardar Gurcharan Singh, Sardar Mehar Singh and Sardar Singh. This partnership continued till its reconstitution on 12th November, 1962 with only three partners, namely K. C. Mehrotra, Narsingh Das and Sardar Gurcharan Singh. The partnership firm was registered with the Registrar of Firms under Section 58 (1) of the Indian Partnership Act, 1932. Under the partnership deed, Sri Narsingh Das did not contribute anything towards the capital of the partnership firm but he was a working partner. Sardar Gurcharan Singh died on 27th May, 1968 and this resulted in the automatic dissolution of the partnership firm as provided by the provisions of Section 42 (c) of the Indian Partnership Act. According to the petitioner, after the death of Sardar Gurcharan Singh, the two previous partners namely, Sri K. C. Mehrotra and Narsingh Das admitted one Hardeep Singh, son of Sardar Gurcharan Singh to the partnership firm and the firm continued while according to the contesting respondents, Sri Narsingh Das withdrew from the firm and Sri K. C Mehrotra inducted Hardeep Singh son of Sardar Gurcharan Singh into the partnership. The learned District Judge after an analysis of the evidence, held that after the death of Sardar Gurcharan Singh, Sri Narsingh Das dissociated himself from the partnership and the partnership continued with only K. G. Mehrotra and Hardeep Singh. The learned District Judge was of the view that as Narsingh Das had ceased to be a partner after the death of Sardar Gurcharan Singh, he became a new partner within the meaning of section 12 (2) of the Act when he was inducted again as a partner in the partnership firm on 9-9-1974.;