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2012 Supreme(Raj) 935

PRASHANT KUMAR AGARWAL
Ramesh Chand Bihari Lal Bajaj – Appellant
Versus
Ravindra Kumar – Respondent


Advocates Appeared
S.C.Gupta with Saurabh Jain & O.P.Agarwal, for Appellant;
Anil Mehta with Dhara Singh, P.S.Sirohi & R.K. Tongowat, for Respondent

Judgement Key Points

What is the effective date of a partner's retirement under the Indian Partnership Act, 1932—from the date of information to the Registrar of Firms or the date mentioned in the information? [17200914190025] (!) [17200914190008] Whether the High Court can determine the question of partial eviction in a second appeal under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, even if not considered by courts below? (!) [17200914190020][17200914190021]

Key Points: - The second appeal challenges the eviction decree based on the landlord-respondent's retirement from the partnership firm and bona fide need for the suit shop. (!) [17200914190002] - The tenant-appellant disputed the retirement, claiming the respondent continued as partner, supported by bills, photos, and ration card application. [17200914190011][17200914190013] - Court held partner's retirement effective from the date in the retirement deed (Ex.1, 10.12.91), not the later notice to Registrar under Sections 32, 59, 63 of Partnership Act. (!) [17200914190008] - Previous eviction suit by prior owner was consolidated but not contested post-sale, not affecting the present suit's outcome. [17200914190009] - Documentary evidence (bills Ex.A/10, A/11; photos Ex.A/8,12,13; ration card app Ex.A/15) does not disprove retirement or bona fide need. [17200914190013] - Purchasing shop with sitting tenant does not negate bona fide reasonable necessity. [17200914190014] - Partial eviction not feasible for single shop (38' x 7'8", non-corner); High Court can decide based on record without remand. [17200914190021] - Appeal dismissed; tenant granted 2 months to vacate. [17200914190024]

What is the effective date of a partner's retirement under the Indian Partnership Act, 1932—from the date of information to the Registrar of Firms or the date mentioned in the information? [17200914190025][p_14][17200914190008]

Whether the High Court can determine the question of partial eviction in a second appeal under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, even if not considered by courts below? [p_10][17200914190020][17200914190021]


Hon'ble AGARWAL, J.—The defendant-appellant has preferred this civil second appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 19.02.2004 passed by the Additional District Judge, Gangapurcity (District Sawaimadhopur) in Civil Regular Appeal No.26/2001 whereby the learned appellate Court has upheld and affirmed the judgment and decree dated 2.5.2001 passed by the trial Court i.e. Civil Judge (Senior Division) Gangapurcity (District Sawaimadhopur) in Civil Suit No.51/99 whereby the learned trial Court decreed the suit for eviction filed by the plaintiff-respondent.

2. It is an admitted fact between the parties that the suit shop was let out to the appellant-tenant by one Shri Vishambhar Dayal on 19.1.1984 at the monthly rent of Rs.375/- and the respondent-landlord purchased the same from Shri Vishambhar Dayal on 16.12.1991 by registered sale deed in lieu of sale consideration of Rs.1,50,000/- during the subsistence of the tenancy and since the date of purchase the appellant became tenant of the respondent and relation of landlord and tenant established between them. It is also an admitted fact that before the suit shop was sold to the respond








































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