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2018 Supreme(Ker) 464

HRISHIKESH ROY, A.K.JAYASANKARAN NAMBIAR
State of Kerala – Appellant
Versus
V. D. Vincent, S/o. Devassy – Respondent


Advocates Appeared:
For the Petitioner: Sri. K.V. Sohan, State Attorney.
For the Respondent: Adv. Sri. M. Narendra Kumar.

JUDGMENT :

A.K. JAYASANKARAN NAMBIAR, J.

1. The State of Kerala and the Officials of its Revenue Department, who were the respondents in the writ petitions, are the appellants before us in these writ appeals. They are aggrieved by the common judgment dated 28.03.2018 of the learned Single Judge that finds that the writ petitioners, who were partners in a Firm, were entitled to a transfer of registry of the properties accruing to them consequent to the dissolution of the Firm, without there being a registered document, transferring the interest of the partner, who had the ownership of the property, prior to it being brought into the stock of the Firm.

2. The writ petitioners were partners of a registered Firm named “Universal Builders and Developers” that was constituted on 18.12.2010 but registered only in 2015. The partners brought their individual properties into the common stock of the Firm and, after carrying on business for a little over five years, the Firm was dissolved by a Deed of dissolution dated 01.03.2016. By the said deed, the properties of the Firm have been distributed among the partners, and in the process, the properties brought in by the partners at the time of form












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