Vinaykishore Punamchandji ... vs Bhumi Kalptru & Ors

3. The facts leading to filing of this appeal lie in a very narrow compass. The appellants are the landlords of the suit premises. Respondent No. 4, Madankumar Govardhandas Pasari was inducted as a tenant in the year 1974 who constituted a partnership firm under the name and style `Bhumi Kalpataru' consisting of five partners and carried on business till 1991. The appellants filed an application under clause 13(3)(i)(iii)(iv) and (vi) of the Rent Control Order before the Rent Controller, Amravati against the original tenant Messrs Bhumi Kalpataru and its Managing Partner Madankumar Govardhandas Pasari, the respondent No.4 (since died) on the ground that Madankumar Govardhandas Pasari dissolved the firm and clandestinely sub-let the suit premises to respondent No.2 Jagdish Champalal Mundhada who deceptively gave similar name to the partnership by prefixing the word `Shri' and it was known as `Shri Bhumi Kalpataru' resembling the firm to whom the premises was let out in 3 the year 1974. The present occupiers of the suit premises being the sub-tenant, namely the respondent No.1 firm `Shri Bhumi Kalpataru', its Managing Partner, respondent No.2 and other partners, respondents 5 to 7 were duly impleaded as party respondents. The simple case set up by the appellants before the Rent Controller is that the original tenant firm `Bhumi Kalpataru' had sub-let the suit premises without the sanction of the landlords and the sub-tenants carried on the business under the name `Shri Bhumi Kalpataru' by prefixing commonly used `Shri' to the original tenant firm `Bhumi Kalpataru'.

4. The application was resisted by respondents No.1, 2, 5, 6 & 7 inter alia contending that they were recognized as the tenants of the suit premises by the landlords by accepting rent amount from `Shri Bhumi Kalpataru'. It was also their case that there was disruption of relationship of landlord and tenant between the appellants and the original tenant. The original tenant firm `Bhumi Kalpataru' and its Managing Partner, Madankumar Govardhandas Pasari though duly served, did not enter their appearance and chose to remain absent throughout.

5. The Rent Controller upon appreciation of the material available on record passed the necessary orders upholding the plea of sub-tenancy and granted permission under clause 13(3)(iii) of the Rent Control Order. The appellate authority, however, on the appeal filed by the respondents, reversed the findings of sub-tenancy. The appellants preferred Review Petition under clause 21(2)(a) of the Rent Control Order challenging the orders of the appellate authority and the said Review Petition was allowed restoring the order of the Rent Controller granting permission as prayed for by the appellants.

18.Before parting with the case we are constrained to observe that the High Court practically substituted the findings for that of the authorities by reappreciating the evidence available on record, which is impermissible in a 17 proceeding under Article 226/227 of the Constitution of India.

19.For the aforesaid reasons, we find it difficult to sustain the impugned judgment of the High Court. The same is accordingly set aside.

20.The appeal is allowed with costs.