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2004 Supreme(Ker) 104

PIUS C.KURIAKOSE, K.S.RADHAKRISHNAN
Dungarsi Ranchhodas – Appellant
Versus
Moolji Visanji – Respondent


Judgment :-

Radhakrishnan, J.

Whether a petition for eviction filed by an unregistered partnership firm under section 11 of Act 2 of 1965 is hit by sec. 69(2) of Indian Partnership Act 1932 is the question that has came up for consideration in this case.

2. Eviction petition was filed by an unregistered partnership firm represented by a partner on 15-12-1979. While the rent control petition was pending the partnership firm got registered on 21-3-1980. Fact that the partnership firm was not registered on the date of the filing of the rent control petition is not disputed. Rent Control petition was verified and signed by a partner of the unregistered firm. Contention was raised since the firm was not registered under the Partnership Act the petition was not registered under the Partnership Act the petition was not maintainable in view of Sec. 69(2) of the Act. Counsel for the tenant placed reliance on the decision of the Madras High Court in Snifuddin Hussainbhoy Siamwala and others, AIR 1968 Madras 154. Counsel also submitted landlord was enforcing right which originated from a contract and consequently the rent control proceeding would fall within the expression other proceedings, co












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