P.A.THOMAS AND ANR. versus M. MOHAMMED TAJUDDIN AND ANR.

P.A.THOMAS AND ANR. versus M. MOHAMMED TAJUDDIN AND ANR.

Conversion of an individual business conducted by a tenant into a partnership business, resulting in tenant relinquishing control, amounts to subletting under Section 2(4)(ii)(a) of the Tamil Nadu City Protection Act, 1922 and renders tenant liable for ejectment.

Parties
Appellant: P.A. Thomas; Respondent: M. Mohammed Tajuddin
Jurisdiction
India
Judgment Date
19 September 1996
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal
Outcome
Appeal dismissed
Legal Topics
Tenant Definition, Subletting, Ejectment, Partnership Business
Rent Control Property Law Tenant Definition Subletting Ejectment Partnership Business

Case Brief

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Parties

P.A. Thomas

Appellant

M. Mohammed Tajuddin

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal

Legal Issues

  1. 1 Whether the conversion of an individual business into a partnership amounts to subletting under Section 2(4)(ii)(a) of the Tamil Nadu City Protection Act, 1922
  2. 2 Whether the decree of ejectment was vitiated by any error of law warranting interference

Ratio Decidendi

Conversion of an individual business conducted by a tenant into a partnership business, resulting in tenant relinquishing control, amounts to subletting under Section 2(4)(ii)(a) of the Tamil Nadu City Protection Act, 1922 and renders tenant liable for ejectment.

Court Disposition

Appeal dismissed

Orders

  • Decree of ejectment affirmed
  • No costs awarded