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Devrishi Vijan (--)     08 November 2010

Tenancy Laws and Partnership Act

A takes a land from BMC on open land tenancy in 1948. He goes into a Partnership with his brothers and sister. On death of sister, a new partnership is constituted. In both Partnership Deeds, it is mentioned that on dissolution, all Partnership premises would remain to be A's property and not the assets of the partnership.. The abovementioned land is the one of such premises. On dissolution in 1975, he gives brother B the business at this premises and all its assets and liabilities. Nothing about the premise is mentioned in the Dissolution Deed. B continues to do business till 1995 and then includes his wife W as a partner. Nothing is mentioned about the tenancy except that the outlet was given by A to B. B expires in the end of 1995. Then sons of B & W, C & M continue with W as partners. In their Partnership Deed, they mention that they share the tenancy rights of the land. In 2006, a dispute arises and consequently, the partnership dissolves in 2009. Now the dispute arises where C says that the Tenancy Right cannot be evaluated as they do not possess the Tenancy Rights. W and M take a stand that it is a Partnership property because the firm was paying its rent from the beginning.

A and B are dead.

The rent bills are issued in the name of A.

There is no other claim to this Tenancy other than that of this firm.

There was no attempt to transfer the land from A to B/C/W/M/Firm.

Q. Then whose tenancy right is it?

Q. Can this Tenancy Right be evaluated?If yes, then what is the procedure?


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