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december 2006

Supreme Court of India · 2006-12-15

M.V. KARUNAKARAN vs KRISHNAN(DEAD) BY L.RS.

Citation / case number
SC 1989/67701
Court
Supreme Court of India
Petitioner
M.V. KARUNAKARAN
Respondent
KRISHNAN(DEAD) BY L.RS.
Author
S.B. SINHA
Bench
MARKANDEY KATJU S.B. SINHA

Judgment text excerpt

The Supreme Court held that the legal heirs of a deceased partner can transfer their share of the property after the dissolution of the partnership, as established under the principles of partnership law. 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 courts' decisions, affirming that the auction purchaser's claim was invalid as the respondent was a necessary party to the proceedings and had not been included in the original suit.

M.V. KARUNAKARAN vs KRISHNAN(DEAD) BY L.RS. · Niyam