JAHAR ROY (DEAD THROUGH L.Rs) AND ANR. vs PREMJI BHIMJI MANSATA AND ANR.

The Supreme Court held that a suit filed by one partner without the other as a co-plaintiff is maintainable under Section 42 of the Specific Relief Act, 1963, provided the non-joining partner is made a proforma defendant. The Court established that the appellants, as sub-lessees, retained rights under their agreement despite the expiration of the initial term, allowing them to continue performances until the 'normal run' concluded. The Court upheld the trial court's decree granting a declaration and permanent injunction against the appellants, affirming the plaintiffs' entitlement to exclusive use of the theatre and compensation.