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Issues Involved:
The issues involved in this case include eviction under section 13 of the Rent Act, dispute over tenancy, legal entity status of Haryana Milk Food Corporation, and bona fide requirement of the landlady. Eviction under Section 13 of the Rent Act: The appellant, claiming to be a tenant, faced eviction under section 13 of the Rent Act due to non-payment of rent, subletting, and bona fide personal requirement by the landlady. The Trial Court, Appellate Court, and High Court all affirmed the eviction order. Dispute Over Tenancy: The main contention was that the real tenancy was with the appellant and not the landlady. However, it was established that the lease was signed by the appellant on behalf of Kailash Chemical and Textile Mills Ltd., the legal entity that owned Haryana Milk Food Corporation. The Courts held that the appellant was not the tenant, and the eviction order was upheld. Legal Entity Status of Haryana Milk Food Corporation: The appellant argued that Haryana Milk Food Corporation was not a legal entity, making the suit against it not maintainable. Various legal precedents were cited regarding the ability of a limited company to be sued in its assumed name, even if it carries on business under a different name. The Courts found that the entity was legally recognized and the suit was valid. Bona Fide Requirement of the Landlady: Despite the legal technicalities, it was established that the landlady had a genuine need for the premises. The Courts declined to interfere with the eviction order, emphasizing the importance of justice and equity. The appeal was dismissed, with certain conditions imposed regarding future leasing and purchase options for the appellant. In conclusion, the Supreme Court upheld the eviction order, emphasizing the legal entity status of Haryana Milk Food Corporation, the genuine need of the landlady, and the lack of tenancy rights for the appellant. The appeal was dismissed with specific conditions regarding future leasing and purchase options, and each party was directed to bear their own costs.
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