HELPER GIRDHARBHAI versus SAIYED MOHMAD MIRASAHEB KADRI AND OTHERS

HELPER GIRDHARBHAI versus SAIYED MOHMAD MIRASAHEB KADRI AND OTHERS

The High Court exceeded its jurisdiction by reappraising evidence under s.29(2) and substituting its own view for that of the appellate court, where a possible view was taken that a genuine partnership existed; mere partnership business use does not amount to subletting unless legal possession is parted with.

Parties
Appellant: HELPER GIRDHARBHAI; Respondents: SAIYED MOHMAD MIRASAHEB KADRI AND OTHERS
Jurisdiction
India
Judgment Date
06 May 1987
Procedural Posture
Civil Appeal / Appeal by Special Leave From Decision of Gujarat High Court
Outcome
Appeal allowed; High Court judgment set aside; appellate court judgment restored; suit for possession dismissed.
Legal Topics
Eviction, Subletting, Partnership Determination, Scope of High Court Revision
Landlord Tenant Property Law Partnership Law Eviction Subletting Partnership Determination Scope of High Court Revision

Case Brief

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Parties

HELPER GIRDHARBHAI

Appellant

SAIYED MOHMAD MIRASAHEB KADRI AND OTHERS

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Decision of Gujarat High Court

Legal Issues

  1. 1 Whether eviction is justified on ground of subletting when tenant enters partnership for business in demised premises
  2. 2 Whether High Court could reappraise evidence in revision under s.29(2) of Bombay Rent Act
  3. 3 Whether partnership existed in law and fact

Ratio Decidendi

The High Court exceeded its jurisdiction by reappraising evidence under s.29(2) and substituting its own view for that of the appellate court, where a possible view was taken that a genuine partnership existed; mere partnership business use does not amount to subletting unless legal possession is parted with.

Court Disposition

Appeal allowed; High Court judgment set aside; appellate court judgment restored; suit for possession dismissed.

Orders

  • Judgment and order of Gujarat High Court dated 21st August, 1979 set aside.
  • Order and judgment of Court of Small Causes, Ahmedabad dated 18th August, 1977 restored.