Property
vishesh kumar
(Querist) 13 July 2012
This query is : Resolved
1 whether defendants can enforce the turms of the desolution deed of an unregistered partnership deed?
2 whether shop (ownweship of muncipal corporation) under the tenancy of the plaintiff is subject of the partition of of the partnership property?
3 plaintiff has filed an application of transfer of the tenancy in faviour of the defendats. muncipal corporation nor rejected the application nor accept the application..but tenacy continue in the name of the plantiff....wherther platiff can take u-turn from his statement?
4 wherther estoppel is applicable in the present case? is yes then what about the estoppel is not on statutues, decision of the supreme court?
ajay sethi
(Expert) 13 July 2012
section 69(3) provides provision of sec 1 and 2 shall not apply to claims for set offs and other BUT it shall not affect dissolution of firm and its accounts.
bar against suit does not apply if any partner wants to file a suit for dissolution of the Firm or for A/Cs of a dissolved firm or to realize the properties of a dissolved Firm.(cf Sec 69 (3)
ajay sethi
(Expert) 13 July 2012
Gujarat High Court
Sanjeev vs Sunilkumar on 4 May, 2011THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 4056 of 2008
With
CIVIL
APPLICATION No. 9959 of 2008
In
FIRST APPEAL No. 4056 of 2008
With
CIVIL
APPLICATION No. 10990 of 2009
In
FIRST APPEAL No. 4056 of 2008
For
Approval and Signature:
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
the parties and their learned advocates expressed that in case the tenancy rights of the subject premises are held to be the asset of the firm, the same can be divided by metes and bounds by partition which is permitted under the rent note and the landlord would have to give effect to such partition between the partners.
