I have showroom at main center of the town. I have given that showroom for a rent Rs 5000/- without agreement to a partnership firm. Now I filed a suit for eviction on my tenant on 10-10-2008 after giving 15 days clear notice according to 106 T. P Act . Partnership firm did not filed any parnership ship Deed in the case. The partnership firm is registered 50 years back. This partner ship is distrubuter of Gorej furnitures for whole state.The managing partner of the firm has right to give authoriazation " to give G.P.A to any person to deal the case or give a authoriazation to any employee to deal the case". The managing Partner in his life time did not given any authorization to deal the case to any body. A The managing Partner died inthe year 2010. The managing partner's son became the managing partner now. My tenant is big shot their family is owners of almost 48 companies. They deal power peojects, infrastructure,industries etc.
Their manager of the show room simply filed the W S in the year 2009 on his own capacity with out authorization. And also filed a chief affidavit as manager of the firm with authorization . He signed the Vakalat on his own capacity. W S and Chief Affidavit with out the the partner ship firm's rubber Stamp. While cross Examination our advocate asked regarding this issue . He did not filed any the authorization letter or G P A . After cross examination he told that he file further evidence .
1) My question is if he files any G P A at this stage is this valid?
2)Can a partnership firm a give a back dated authorization ?
3) If a employee of a partnership firm files a W S what kind of Authorization He requires from the partnership firm.(Whether he should registered G P A or ordinary authorization letter is enough)
4) More over the Managing partner Died recently . His son has become the Managing Partner now.
5) If he files any authorization also they has to do forgery signature of thier father .
6) At this stage if their employee files any document evidence then "what kind of documents i has to ask the partnership firm to file in the court "?.
7) I am taking rent Rs 5000/ from my tenant after the filing the case till date.
8) I Require any citation in this regard to safe grad my case at this stage.
9) Please send any citations in this issue
10) At this Juncture what kind of steps i has to take to safe gard my case?
