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SIDDHARTHA ROY CHOWDHURY
Jagadamba Singh – Appellant
Versus
Pawan Kr. Tiwari – Respondent
| Table of Content |
|---|
| 1. eviction based on partnership disputes (Para 1 , 4 , 6) |
| 2. dismissal of the eviction suit affirmed (Para 10 , 34 , 36) |
| 3. legal process for eviction upheld (Para 15 , 18 , 29) |
JUDGMENT :
SIDDHARTHA ROY CHOWDHURY, J.
1. Challenge in this appeal is to the judgment and decree passed by learned Civil Judge (Senior Division), 1st Court, Howrah in Title Appeal No. 127 of 2010 affirming thereby ex-parte judgment and decree passed by learned Civil Judge (Junior Division), 3rd Court, Howrah in Title Suit No. 48 of 2010.
2. For the sake of convenience the parties will be referred to as they were arrayed before the learned Trial Court.
3. Briefly stated, the plaintiffs and defendant no. 1 entered into a Partnership at Will on 28th August, 1996 for running business to develop immovable properties under the Style M/s Rishav Builders having its office at 16A Round Tank Lane, Howrah, having share in the ration 40 : 40 : 20 each. The defendant no. 1 being one of the partners having 20% share from time to time had withdrawn a sum of Rs. 9,07,378/- as on 7th April, 2002 against his entitlement of Rs. 2,76,807/-. On and from 7th April, 2002 pursuant to the resolution taken by the partners
Eviction of partners from unregistered firms must adhere to statutory provisions of the Indian Partnership Act regarding legal standing and misrepresentation in earlier suits.
Tenancy to individual predating partnership deed upheld; eviction under public premises act for arrears and own use justified absent proof of firm tenancy, despite rent payments by firm.
The court held that a partner's possession of dissolved firm property does not create ownership rights against co-owners, and claims of adverse possession are not maintainable.
The appellate court ruled that a plaintiff must clarify the status of possession and seek a declaration of ownership to recover possession, failing which the suit is not maintainable.
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