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2017 Supreme(SC) 969

RANJAN GOGOI, NAVIN SINHA
KODENDERA K. UTHAIAH (D) BY LR. – Appellant
Versus
P. M. MEDAPPA – Respondent


Advocates Appeared:
For Appellant(s) : Baij Nath Patel, Ms. Romila, Ms. Sweta, Rajesh Mahale, Advs.
For Respondent(s): Mr. A. S. Bhasme, Adv.

JUDGMENT

NAVIN SINHA, J.

The respondent was the plaintiff in O.S. No. 42/1991, seeking dissolution of the partnership firm and rendition of accounts. The suit was decreed in part, holding that the legal heirs of the deceased partner, were entitled to 1/4th share to be quantified in terms of Clause 14 of the partnership deed.

R.F.A. No. 231/1996 preferred by the plaintiff, against grant of partial relief, was allowed on 08.02.2006 directing dissolution of the firm and settlement of accounts “as of date”. Aggrieved, the defendant has preferred the present appeal. The parties, for convenience, shall be referred to by their respective positions in the suit.

2. The facts, in brevity are, that the father of the plaintiff i.e. P.M. Medappa, along with three others constituted a registered partnership firm, M/s. Rums & Co. The partnership deed dated 27.01.1971, in Clause 14, stipulated that in the event of death of a partner, the remaining partners shall have the option to give a written notice within three months of the death, to the legal heirs of the deceased partner, for purchase of the shares of the deceased. The purchase price was to be the amount of the share of the deceased as dete












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