9911796707
TMI Blog1987 (9) TMI 418X X X X Extracts X X X X X X X X Extracts X X X X ..... 39;the suit premises'). The suit premises was let out by a lease deed by respondent No. 1 to respondent No. 2 herein, Haryana Milk Food Corporation for the residence of its General Manager at Chandigarh. It is stated in the said lease deed that the lease was for the use of Shri R.P. Malhotra who was at that time the General Manager of Haryana Milk Food Corporation. On behalf of the lessor the landlady, respondent herein has signed and on behalf of the lessee, it is signed as follows: for Haryana Milk Food Corporation R.P. Malhotra who is the appellant herein. The appellant left the services of Haryana Milk Food Corporation in the end of 1974 and thereafter attempted to pay the rent of the suit premises by sending it by a bank- draft w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent No. 2 further contended that she had never accepted the appellant as the tenant from whom she had never accepted any rent.. The landlady also filed an application for impleading the company as a party but unfortunately for unexplained reason the same was not proceeded with and withdrawn. The Trial Court raising issues, inter alia, held so far as relevant to the present purpose that Haryana Milk Food Corporation obtained the house for the appellant and the said concern was making payment of rent to respondent No. 1. The appellant and respondent No. 2 were liable to be ejected on the ground of arrears of rent. It was further held that the suit premises was required bona fide by respondent No.1. In the premises on 5th of May, 1979 the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e material on record. It was further contended that the note signed by the appellant that the order dated 5th May, 1979 had virtually held Kailash Chemical and Textile Mills Ltd., as liable. It had treated Haryana Milk Food Corporation as synonymous with Kailash Chemical and Textile Mills Ltd., and it was, therefore, aggrieved by the said order. That appeal had been filed by Haryana Milk Food Corporation through its General Manager and Kailash Chemical and Textile Mills Ltd., through its Director. Therefore, Kailash Chemical and Textile Mills Ltd., accepted that this was the company which owned Haryana Milk Food Corporation and it was a legal entity. In support of this contention that a non-legal entity like the Haryana Milk Food Corpora ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oil Mills, Kanpur and another v. Smt. Chunni Devi and others, A.I.R. 1969 Allahabad page 1, where it was held that a limited company falls within the meaning of the expression 'person' as used in Rule 10, order 30 of the Code of Civil Procedure. This would be so even though the limited company might have been carrying on business in a name or style other than its own without any attempt to conceal its own corporate name and this fact was known to the party suing. There, the Court observed that there could not be any controversy that Rajendra Prasad oil Mills, Kanpur was an undertaking owned by N.K. Industries limited. Satish Chandra J. as the learned Chief Justice then was, observed that in certain circumstances a limited company c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Textile Mills Ltd., accepted that position as it would be apparent from the grounds filed before the Appellate Authority. Mr. Garg, learned counsel for the appellant, however, tried to emphasise that in view of the definition of tenant under section 2(i) of the Rent Act the right of eviction under section 13 in the suit as framed was not maintainable. It has been held by all the Courts that the parties knew who were the tenants, it is apparent that the appellant was not the tenant. It was held by the Rent Controller that one of the grounds for eviction was bona fide need of the landlord. The Appellate Authority and the High Court did not go into this question. The parties were aware that the Kailash Chemical and Textile Mills Ltd., was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anifest injustice or substantial question of public importance. In this case it is apparent from the facts placed before us and the High Court and the courts below that there is a genuine need of the landlady for the premises in question. It has been established clearly that the tenancy agreement was not with the appellant and the lease was signed by the appellant on behalf of other entity though not strictly legal but it was entered by a legal entitly, namely Kailash Chemical and Textile Mills Ltd. It has been held that no deposit had been made in accodance with law by three Courts. Merely because in the form of the lease Kailash Chemical and Textile Mills Ltd., was not mentioned and as such was not made a party to the suit and the lease w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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