SACHIN JAISWAL versus M/S HOTEL ALKA RAJE & OTHER

SACHIN JAISWAL versus M/S HOTEL ALKA RAJE & OTHER

The property (land and the building of Hotel Alka Raje) became property of the partnership firm when late Bhairo Prasad Jaiswal, after constituting the partnership in 1972, brought the property into the firm's stock by jointly constructing and running the hotel with the partner; Section 14 of the Partnership Act treats property so brought in as firm property, and the High Court's order holding the firm to be owner-in-possession is upheld.

Parties
Appellant: Sachin Jaiswal; Respondent: M/s Hotel Alka Raje; Respondent: Other Respondents (Nos.2-4)
Jurisdiction
India
Judgment Date
27 February 2025
Procedural Posture
Civil Appeal / Appeal to the Supreme Court; Judgment Disposing the Appeal (appeal Dismissed)
Outcome
Appeal dismissed
Legal Topics
Section 14 of the Partnership Act, Property of the Firm, Contribution of Partner's Property to Firm Stock, Relinquishment Deed, Transfer of Immovable Property
Partnership Law Property Law Section 14 of the Partnership Act Property of the Firm Contribution of Partner's Property to Firm Stock Relinquishment Deed Transfer of Immovable Property

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Parties

Sachin Jaiswal

Appellant

M/s Hotel Alka Raje

Respondent

Other Respondents (Nos.2-4)

Respondent

Procedural Posture

Civil Appeal / Appeal to the Supreme Court; Judgment Disposing the Appeal (appeal Dismissed)

Legal Issues

  1. 1 Whether the hotel property constructed by the appellant's late father became the property of the partnership firm under Section 14 of the Partnership Act, 1932
  2. 2 Whether transfer of ownership could be effected by a relinquishment deed as contended by the respondents/appellant’s challenge to that mode of transfer

Ratio Decidendi

The property (land and the building of Hotel Alka Raje) became property of the partnership firm when late Bhairo Prasad Jaiswal, after constituting the partnership in 1972, brought the property into the firm's stock by jointly constructing and running the hotel with the partner; Section 14 of the Partnership Act treats property so brought in as firm property, and the High Court's order holding the firm to be owner-in-possession is upheld.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed by the Supreme Court
  • Order dated 09.03.2022 of the High Court of Judicature at Allahabad, Lucknow Bench upheld; High Court's clarification that the property is to be read in favour of the partnership firm M/s Hotel Alka Raje alone is not interfered with