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december 2006

Supreme Court of India · 2006-12-15

M.V. Karunakaran vs Krishanan (Dead) By Lrs.

Citation / case number
AIR2007SC1501
Court
Supreme Court of India
Petitioner
M.V. Karunakaran
Respondent
Krishanan (Dead) By Lrs.
Author
S.B. Sinha
Bench
S.B. Sinha, Markandey Katju

Judgment text excerpt

The Supreme Court held that the heirs of a deceased partner can sell the property of a dissolved partnership to the extent of their share, as established under the Indian Partnership Act. The Court found that the respondent, being in possession of the property and having made improvements, had the right to obstruct the delivery of possession to the auction purchaser. The Court upheld the lower court's decision that the auction purchaser's application for removal of obstruction was rightly dismissed, affirming the respondent's ownership rights.

M.V. Karunakaran vs Krishanan (Dead) By Lrs. · Niyam