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Section 69 Partnership Act

(Querist) 15 April 2018 This query is : Resolved 
High Court of Karnataka
Daily Orders of theu Case Number: WP XXXX/2018

Honble Justice G.NARENDAR
XX/XX/2018
Order in WP XXXX/2018
It is contended that 4th petitioner-4th defendant was set ex-parte and that thereafter on an application, the order placing 4th defendant ex-parte came to be set aside and 4th defendant was permitted to file his written statement and a cost of Rs.7,000/- was imposed. That on the next date of hearing, the 4th defendant filed in the Court the written statement.
The Court after detailed examination concluded that no additional issues arise.

He would contend and would invite the attention of the Court to the written statement, wherein it is specifically contended that no landlord-tenant relationship exists. It is also contended that the suit is not maintainable as against the first defendant which is an unregistered firm.Hence, he would pray for an interim order.
Learned counsel for the petitioner submit that,the petitioner has raised several contentious issues and the order impugned is vitiated on account of said order.

Interim stay of further proceedings as prayed for till the next date of hearing.

QUESTION
So can not an individual file a suit for recovery of possession from an unregistered FIRM under the transfer of property act?
Matter pending at High Court of Karnataka

Ms.Usha Kapoor (Expert) 15 April 2018
you Cannot SUE AN UNREGISTERED FIRM. bUT YOU CAN SUE ALL THE PARTNERS OF THE UNREGISTERED FIRM WHOSE LIABILITY IS JOINT AND SEVERAL FOR RECOVERY OF POSSESSION.
R.Ramachandran (Expert) 15 April 2018
@Mumtaz Moosa:
You did not reveal appropriate facts. Consequently you got as reply what you deserve. I pity you.
P. Venu (Expert) 15 April 2018
Yes, you have not posted the materiel facts.
Dr J C Vashista (Expert) 15 April 2018
What is the matter?
Do you feel the experts on this platform are astrologer-cum-legal persona? Can it be predicted by experts (except an impersonating and fake expert) to consider the facts of the case qua the order sheet and/or presume what do you intend?
What is the opinion and advise of your lawyer? Why do you seek second opinion except the fact it ia available FREE OF COST?
Sri Vijayan.A (Expert) 15 April 2018
Nothing to add.
Already advised.


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