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december 2006

Supreme Court of India · 2006-12-15

M.V. Karunakaran à Appellant vs Krishan à Respondent

Court
Supreme Court of India
Petitioner
M.V. Karunakaran à Appellant
Respondent
Krishan à Respondent
Author
S.B. Sinha
Bench
S.B. Sinha, Markandey Katju

Judgment text excerpt

The Supreme Court held that the legal heirs of a deceased partner can sell the property of a dissolved partnership only to the extent of their own share. The Court affirmed that the respondent, having been in possession and made improvements to the property, had the right to obstruct the auction purchaser's possession claim. The Court found that the respondent was a necessary party in the earlier suit and was not included, thus upholding the lower courts' decisions that the auction sale was invalid against the respondent's rights under Order 21 Rule 97 of the Code of Civil Procedure.

M.V. Karunakaran à Appellant vs Krishan à Respondent · Niyam