Case: Rashpal Malhotra Vs. Mrs. Satya Rajput and Another

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 Trial Court ordered the ejectment of the appellant and respondent No. 2 from the suit premises. The judgment of the Appellate Court was passed on 5th of November, 1979 affirming the findings of the Trial Court holding that the appellant took the premises on behalf of Haryana Milk Food Corporation. It was further held that Haryana Milk Food Corporation was the tenant under respondent No. 1. It was further held that the appellant and respondent No. 2 were held liable to be ejected on account of nonpayment of rent and in view of the aforesaid findings eviction was ordered from the suit premises. There was a further revision to the High court and the High Court dismissed the appellants revision petition affirming the reasoning of the Courts below.

Reasoning: It was contended in the grounds of said appeal, that the relationship of the landlord and tenant between respondent No. 1 and the appellant did not stand proved from the 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 Kai lash 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 entityIt 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 accordance 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 was purported to be entered with an entity which is not a juristic person and a suit was filed against such non-juristic person, this Court should not interfere with the conclusions arrived at by the learned Appellate Authority and the High Court. It has to be borne in mind that this Court in exercising its power under Article 136 of the Constitution acts not only as a court of law but also as a court of equity and must subserve ultimately the cause of justice. In this case, there is evidence that there is some bona fide need of the landlady for her family. After a long la pse of time, in the facts and the circumstances of this case we decline to interfere with the findings arrived at by the High Court and the Courts below.