PARTNERSHIP ACT
DR.P.L.NAWALKHA
(Querist) 16 February 2009
This query is : Resolved
I RENTED MY PREMISES TO A PARTNERSHIP FIRM.FOR EVICTION OF PREMISES,A CIVIL SUIT WAS FILED ,CONTESTED AND LOST BY ME. ONE OF THE PARTNER WAS CONTESTING THE SUIT ON BEHALF OF ALL PARTNERS OF FIRM. I APPEALED IN HIGHCOURT .MEANWHILE WE HAD NEGOTIATIONS.OUT OF FIVE PARTNERS,FOUR PARTNERS WERE SIGNATUREE TO COMPROMISE AND I TOOK POSSESSION OF MY PREMISES.THE FIFTH PARTNER A SLEEPING PARTNER CHALLENGED THE COMPROMISE IN 2002. SOON AFTER COMPROMISE THE FIRM WAS ?DISSOLVED/NON FUNCTIONING. OTHER PARTNERS STARTED WORKING WITH NEW FIRM AND FIFTH SLEEPING PARTNERS WAS OUT.SHE CHALLENGED MAKING ME AND OTHER FOUR PARTNERS AS RESPONDENT.I WAS GIVEN AN UNDERSTANDING THAT MY COMPROMISE IS VALID.SINCE SHE (FIFTHPARTNER)CHALLENGED,IT RAISED DOUBTS.WHAT IS THE EXPLICIT POSTION IN PARTNERSHIP ACT WITH LATEST RULINGS ALLOWING ONE OR DEFACTO MANAGING PARNER PERMITTED TO GIVE POSSESSION OF RENTED PROPERTY TO LANDLORD.
PALNITKAR V.V.
(Expert) 16 February 2009
Whether the partnership firm was registered and the suit was filed in the name of the firm or in the name of partners? If it was filed in the name of Partners whether all the partners were parties to the suit?
PALNITKAR V.V.
(Expert) 16 February 2009
Whether the partnership firm was registered and the suit was filed in the name of the firm or in the name of partners? If it was filed in the name of Partners whether all the partners were parties to the suit?
Sushil Kumar Bhatia
(Expert) 16 February 2009
Dear,
The premises rented to a firm and its majority of partners have compromised and given possession to landlord the fifth partner has no choice to challenge the compromise firm itself presume to handover possession through its either all partners or one of the partner in compromise ,as premises not given on rent to individuals/individual
Manish Singh
(Expert) 17 February 2009
if the partnership deed between the five partners say that no such decision or compromise can be reached without consent of all the five partners, then the challenge by the fifth partner is valid.
