Surya Prakash Kesarwani, J. - (1.) "Whether in view of the provision of Section 69(2) of the Partnership Act, 1932, an unregistered firm can maintain a suit or a case for enforcement of statutory right under Section 29A(5) of the U.P. Act XIII of 1972" is one of the main questions involved in the present writ petition. 1. Heard Sri Ashish Kumar Singh, learned counsel for the applicant-landlords/ petitioners and Sri N.C. Rajvanshi, learned senior advocate assisted by Sri Vishesh Rajvanshi, learned counsel for the tenant-respondent Nos.2 to 6. FACTS:-
(2.) Briefly stated facts of the present case are that the original owner and landlord of the disputed immovable property being khasra plot No.800, area 0.584 hectares situate in village Daramilkana Ander Hadud Saharanpur, was one Sri Raja Ram son of Babu Moti Ram who had let out the disputed property to the respondent No.2 herein by a registered rent deed dated 12.12.1945 for a period of 50 years from 01.01.1946. Thus, the period of tenancy expired on 31.12.1995. After the death of the original owner and landlord Sri Raja Ram, the disputed property was inherited by his successors, namely the applicant-petitioner No.2 and proforma respondent Nos.7, 8 and 9. Thus, they became the owners and landlords of the disputed property. The owners and landlords formed a partnership firm, i.e. the petitioner No.1 herein by a partnership deed dated 01.09.2012 which includes the owners and landlords also as partners. The partnership firm and the owners and landlords filed an application under Section 29A of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'U.P. Act XIII of 1972') before the Rent Control and Eviction Officer, Saharanpur, which has been dismissed by the impugned order dated 13.04.2015, not on merits but on maintainability on two grounds - firstly, applicant-petitioner No.1 - partnership firm is not a registered partnership firm and, therefore, the partnership deed dated 01.09.2012 is not admissible in evidence under Section 69(2) of the Partnership Act, 1932 (hereinafter referred to as 'the Act 1932') and, secondly, the landlord-tenant relationship is not proved.
(3.) Aggrieved with the aforesaid order dated 13.04.2015 passed by the Additional District Judge (A)/ Rent Control and Eviction Officer, Saharanpur, the applicant-landlords/ petitioners have filed the present writ petition. SUBMISSIONS:-;