words per minute
39
1998Raunak
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Speed
When sub-section (2) of Section 12 provides that whenever a tenant carrying on business in a building admits a person, who is not a member of his family, as a partner, the tenant shall be deemed to have ceased to occupy the building, full effect has to be given to the mandate of the Legislature. There is no escape from the conclusion that such tenant has ceased to occupy the building. No discretion is left to the Court to enquire or investigate as to what was the object of such tenant while inducting a person as partner who was not the member of his family. It can be said that the aforesaid statutory provision requires the Court to come to the conclusion that by the contravention made by the tenant, such tenant has ceased to occupy the building. The framers of the Act have not stopped only at the stage of Section 12(2) but have further provided in Section 25, Explanation (i) another legal fiction saying that where the tenant ceases to occupy the building within the meaning of 11 sub-section (2) of Section 12 'he shall be deemed to have sub-let that building or part'. In view of the three deeming clauses introduced in sub-section (2) of Section 12, sub-section (4) of Section 12 and Explanation (i) to Section 25, no scope has been left for the Courts to examine and consider the facts and circumstances of any particular case, as to what was the object of admitting a person who is not the member of the family, as partner and as to whether, in fact, the premises or part thereof have been sub-let to such person." Keeping in mind the aforesaid decisions rendered by the Hon'ble Supreme Court and keeping in mind the object of making deeming provisions in Section 12A(5) of the Act of 1973, we are of the view that on completion of period of one year from the date of submission of scheme by the petitioner to the Central Government, in absence of any order either granting or refusing the scheme within such period by the Central Government, the scheme sent by the petitioner is deemed to have been approved and granted by the Central Government and therefore subsequent order passed on 18.11.2016 by respondent No. 1 is required to be set aside."