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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
P.L. Mullick & Co. – Appellant
Versus
Khaitan Consultants Ltd. – Respondent
| Table of Content |
|---|
| 1. overview of eviction suit and appeals. (Para 1 , 2 , 3) |
| 2. controversy concerning partner deaths impacting appeal. (Para 5 , 10 , 12 , 29) |
| 3. arguments about partnership dissolution and representation. (Para 7 , 11 , 13 , 31 , 38 , 41) |
| 4. provisions regarding suits against partnerships. (Para 14 , 15 , 16 , 17 , 20) |
| 5. no abatement due to non-substitution of deceased partners. (Para 18 , 21 , 24) |
| 6. court's interpretation of partnership agreements and eviction. (Para 22 , 23 , 27 , 28) |
| 7. legal principles related to partnership not automatically inheritable. (Para 43 , 45 , 46 , 48) |
| 8. resolution of appeals and applications. (Para 49) |
| 9. final decision on the order and its stay. (Para 50) |
JUDGMENT :
Hiranmay Bhattacharyya, J.
1. The 1st respondent herein filed Ejectment Suit No. 584 of 1995 which was renumbered as Ejectment Suit No. 195 of 2000 before the Learned Judge 4th Bench, Presidency Small Causes Court at Calcutta against a partnership firm under the name and style “Messrs P.L. Mullick & Co.” for eviction and for recovery of khas possession from the suit room occupied by the firm as a tenant on the ground that the firm has wrongfully sublet and transferred possession
The death of a partner in a partnership firm does not cause abatement of appeals against the firm under Order XXX of the Code of Civil Procedure.
A suit filed by a dissolved partnership firm is not maintainable under Sec. 69 of the Partnership Act, 1932, and the decree should be restricted to the area covered by the original tenancy agreement.
(1) Upon the death of any partner the partnership shall not be automatically dissolved but the surviving partners may admit the legal representative of the deceased unto the partnership by mutual con....
The main legal point established in the judgment is that the dissolution of a partnership firm under the Indian Partnership Act, 1932, and the reconstitution of the firm are governed by specific prov....
A partner can dissolve an at-will partnership through a written notice, which constitutes sufficient action for dissolution, regardless of the firm's registration status.
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.
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