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2019 Supreme(P&H) 226

ANIL KSHETARPAL
Vinod Krishan Khanna – Appellant
Versus
Krishan Khanna (Since Deceased) Through Lrs – Respondent


Advocates:
Advocate Appeared:
Vikas Bahl, Adv., Shubreet Kaur, Adv., Parvinder Singh, Adv., Vedika Gandhi, Adv., Gaurav Chopra, Adv., Prateek Gupta, Adv.

JUDGMENT :

ANIL KSHETARPAL, J.

1. Plaintiffs-Appellants are in the regular second appeal against the judgment passed by the learned first appellate court partly reversing the judgment of the trial court.

2. In the considered view of this court, questions which require determinations are:-

(1) Whether the remaining partners on the death of a partner can exclude the legal heirs of the deceased partner from succeeding to his/her share in the assets, properties of the firm and profits earned from use of that property?

(2) Whether the legal heirs of a deceased partner are entitled to claim value representing the share of the deceased partner in the immovable properties of the firm on the date of the death of the deceased partner irrespective of the fact that the surviving partners delayed the distribution of the property?

3. Plaintiffs-Appellants are claiming to be heirs of late Smt. Kailash Wati Khanna, who was partner in the partnership firm, namely, M/s Esskay Industries, Batala Road, Amritsar.

4. Initially she was partner to the extent of 30% when the firm started in the year 1965. However, as per the last partnership before the death she was partner to the extent of 25% vide partnership d










































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