The Rajasthan High Court held that a partnership firm can't be treated as a tenant merely because rent was paid from its account, if the tenancy was entered into by an individual partner.
Justice Anoop Kumar Dhand ruled that tenancy must be in the firm’s name to maintain an eviction petition against it.
The Court also rejected the argument of no bona fide need, stating the landlord had discretion to choose which property to reclaim. The plea challenging the eviction order was dismissed. The dispute concerned “Tholia House” in Jaipur.
[Arun Fatehpuria & Anr. v Tarachand Tholia]