Supreme Court of India · 1958-10-06
CHENNURU GAVARARAJU CHETTY vs CHENNURU SILARAMAMURTY CHETTY AND OTHERS
- Citation / case number
- SC 1954/90251
- Court
- Supreme Court of India
- Petitioner
- CHENNURU GAVARARAJU CHETTY
- Respondent
- CHENNURU SILARAMAMURTY CHETTY AND OTHERS
- Bench
- SINHA, BHUVNESHWAR P.
Judgment text excerpt
The Supreme Court held that Section 88 of the Indian Trusts Act, 1882 does not apply to the case of renewal of a lease after the dissolution of a partnership. The Court established that a fiduciary relationship ceases with the termination of the partnership, and thus, no partner has a duty to protect the interests of the others post-dissolution. The renewal of the lease in favor of the appellant and other defendants was deemed valid, as the plaintiffs failed to prove the existence of a partnership at the time of renewal, leading to the dismissal of their claims.