ADDANKI NARAYANAPPA & ANR. versus BHASKARA KRISHTAPPA AND 13 ORS.

ADDANKI NARAYANAPPA & ANR. versus BHASKARA KRISHTAPPA AND 13 ORS.

A deed of release executed by a partner relinquishing his share in partnership business, where the partnership assets include immovable property, is admissible in evidence even if unregistered; a partner does not have a specific proprietary interest in the asset but rather in the net realization of partnership assets after settlement; such relinquishment does not amount to a transfer of immovable property requiring registration.

Parties
Appellant: Narayanappa; Respondent: Krishnapppa
Jurisdiction
India
Judgment Date
21 January 1966
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Partnership Property, Dissolution of Partnership, Registration of Partnership Agreement, Transfer of Partnership Assets
Partnership Law Partnership Property Dissolution of Partnership Registration of Partnership Agreement Transfer of Partnership Assets

Case Brief

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Parties

Narayanappa

Appellant

Krishnapppa

Respondent

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether an unregistered deed of release by a partner of his share in a partnership business owning immovable property is admissible in evidence
  2. 2 Nature of partner's interest in partnership property under Indian law
  3. 3 Whether relinquishment of interest in partnership property requires registration under the Registration Act

Ratio Decidendi

A deed of release executed by a partner relinquishing his share in partnership business, where the partnership assets include immovable property, is admissible in evidence even if unregistered; a partner does not have a specific proprietary interest in the asset but rather in the net realization of partnership assets after settlement; such relinquishment does not amount to a transfer of immovable property requiring registration.

Court Disposition

Appeal dismissed

Orders

  • Decree of the High Court upheld
  • Costs awarded