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1988 Supreme(Kar) 158

M.RAMA JOIS, S.RAJENDRA BABU
INDIRA DEVI BALLAL MOTOR SERVICE` – Appellant
Versus
KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL – Respondent


Advocates:
C.NARASIMHACHARYA, H.B.OATAR, M.RANGASWAMY

RAMA JOIS, J.

( 1 ) THESE four appeals arise out of a common under passed in W P. Nos. 31931 and 31932/1982.

( 2 ) THE facts, in brief, which lead to these appeals are as follow : (i) One K. Jayaraja Ballal was the managing Partner of the firm "m/s. Ballal motor Service" (for short 'the firm' ). He had a permit bearing No. 4/77-78 issued under Section 63 (7) of the Motor Vehicles Act, 1939 (for short 'the Act') by the karnataka State Transport Authority, bangalore (for short 'ksta ). The motor vehicle covered by the permit was bearing registration No. MEG 5142. As disputes arose among the partners, they were referred to the Arbitrators. One of the disputes referred for arbitration was the right to the aforesaid permit and the vehicle. On 31-12-1981 the said K. Jayaraja Ballal died leaving behind him his wife and major and minor children, his mother, brothers and sisters. Both the widow of the said K. Jayaraja Ballal and the Firm reported the death of the petitioner to the KSTA and requested for transfer of the permit. There is no dispute that during the life-time of Sri jayaraj Ballal he had admitted that the motor vehicle bearing registration No. MEG 5142 belonged to the Firm, in














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