SALIGRAM RUPLAL KHANNA & ANR versus KANWAR RAJNATH

SALIGRAM RUPLAL KHANNA & ANR versus KANWAR RAJNATH

There was no proof of an oral agreement to continue the partnership beyond the fixed term or after termination of the lease. Therefore, the partnership stood dissolved by expiry of the fixed term, and the suit for rendition of accounts filed after three years of dissolution was barred by limitation.

Parties
Appellant: Saligram Ruplal Khanna; Appellant: Pessumal Atalrai Shahani; Respondent: Kanwar Rajnath
Jurisdiction
India
Judgment Date
01 May 1974
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Decree of Bombay High Court
Outcome
Appeal dismissed
Legal Topics
Dissolution of Partnership, Rendition of Accounts, Limitation, Partnership for Fixed Term
Partnership Law Dissolution of Partnership Rendition of Accounts Limitation Partnership for Fixed Term

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Parties

Saligram Ruplal Khanna

Appellant

Pessumal Atalrai Shahani

Appellant

Kanwar Rajnath

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Decree of Bombay High Court

Legal Issues

  1. 1 Whether the partnership continued after the expiry of the lease; whether the suit for rendition of accounts was barred by limitation; whether oral agreement existed to continue partnership after lease termination

Ratio Decidendi

There was no proof of an oral agreement to continue the partnership beyond the fixed term or after termination of the lease. Therefore, the partnership stood dissolved by expiry of the fixed term, and the suit for rendition of accounts filed after three years of dissolution was barred by limitation.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed without costs