JUDGMENT

A.M.KHANWILKAR, J.

1. The Appellant filed a suit for dissolution of partnership of a jewellery shop and rendition of accounts against Rakesh Kumar (Respondent No. 1), Maya Devi (Respondent No. 2) and Bal Mukund Verma (predecessor of Respondents). The suit was decreed in favour of the Appellant inter alia with a declaration that the possession of the suit shop was for the benefit of the Appellant and Respondent No. 1 as joint-tenants.

2. The Respondents filed two separate appeals which were disposed of by the first appellate Court vide a common judgment on 03.02.2005. In the said appeal, the declaration regarding the tenancy rights of the Appellant in the suit shop was reversed on the finding that the tenancy was surrendered by one partner. The first appellate court relying on the decisions in the cases of Kanji Manji Vs. Trustee of Port of Bombay, AIR 1963 SC 468; H.C. Pandey Vs. G.C. Paul, AIR 1989 SC 1470; and H.C. Pandey Vs. G. C Kaul, AIR 1995 SC 676 opined that notice of surrender of tenancy given by one of the co-tenants and a decree of possession of the tenanted premises passed on that basis will bind the other. The first appellate court found that the tenancy surre