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Maghi Lal Vs. Kundan Lal [1994] INSC 93 (8 February 1994)

Mohan, S. (J) Mohan, S. (J) Mukherjee M.K. (J)

CITATION: 1994 SCC Supl. (2) 444




1. The original lease in this case was in favour of Maghi Lal. Where he formed a partnership with two others and those two partners tendered the rent, certainly the landlord is not obliged to recognise them as tenant and accept payment of rent. From this point of view, we find that the ruling in Smt Pushpa Devi v. Milkhi Ram (Dead) by L.Rs.1 is factually distinguishable because there the tenancy was in favour of Amar Chand as partner of the firm of M/s Amar Chand Diwan Chand.

2. Accordingly, the appeal is dismissed. No costs.


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