AIR 1987 SUPREME COURT 1782 ::1987 CriLR(SC MAH GUJ) 233 ::(1987) 2 Guj LR 826 ::1987 2 GujLH 37 ::(1987) 2 RenCR 124 ::(1987) 2 RentLR 269 ::(1987) 2 JT 599 (SC)

Supreme Court Of India

(From : Gujarat)*

Hon'ble Judge(s): Sabyasachi Mukharji, S. Natarajan , JJ

(A) Bombay Rents, Hotel and Lodging House Rates (Control) Act (57 of 1947) , S.13(1)(e)— Subletting - Business of partnership firm carried on in premises of which one partner was tenant - There is no subletting. It is well settled that if there was a partnership firm of which tenant of the premises in which the business of the firm was carried on was a partner, the fact of carrying on of the partnership in the premises would not amount to subletting leading to the forfeiture of the tenancy. AIR 1986 SC 1564, Rel. on.(Para 5) (B) Partnership Act (9 of 1932) , S.4, S.6— Partnership firm - Existence of - Certain partner bringing in as asset his tenancy of premises in which partnership business was carried on - Partner in question to share profits only and not to operate bank accounts - No indication that partnership is not genuine. Section 6 reiterates that in determining whether a group of persons is or is not a firm, or whether a person is or is not a partner in a firm, regard shall be had to the relation between the parties, as shown by all relevant facts taken together. The following important elements must be there in order to establish partnership : (1) there must be an agreement entered into by all parties concerned, (2) the agreement mus....