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1 - 7 of 7 (0.39 seconds)Bedi Sons Steels & Wires vs B.G. Brothers on 22 January, 2002
The Ld.
Counsel for defendant no. 1 and attorney of defendant no.2 submits
that plaintiff has no locus standi to file the present suit. The law is
settled that a proprietorship by itself is not a legal entity apart from its
proprietor. The proprietory concern and the proprietors are the one
and the same person. Reliance can be placed upon the judgment of
Hon'ble High Court of Punjab and Haryana case titled as Bedi Sons
Steels and Works Vs. B. G. brothers 2002 112 CompCas 426 P&H.
So, the proprietorship 'Akal Sahai' and plaintiff is the same legal
entity. The plaintiff has locus standi to file the present suit.
The Income Tax Act, 1961
Section 2 in The Indian Partnership Act, 1932 [Entire Act]
Section 14 in The Indian Partnership Act, 1932 [Entire Act]
The Indian Partnership Act, 1932
Abdul Latif And Ors. vs Mohammad Siddiq on 6 November, 1984
The judgment relied upon by the
defendant no. 2 titled as Abdul Latif and Ors. Vs. Mohd. Siddiq 27
(1985) DLT 423 also observe that tenancy rights of premises cannot
be subject matter of partnership assets. The Ld. Counsel for
defendant no. 1 and attorney of the defendant no. 2 has argued that
the suit property has been pooled as assets of the partnership firm by
the name of M/s Akal Sahai as reveals from the conduct and the
communication made by the plaintiff to the Directorate of Industries.
They have relied upon documents Ex. DW1/II i.e. copy of application
made by plaintiff to change the constitution, The indemnity bond Ex.
DW 1/ IV, the approval of change of constitution i.e. Ex. DW1/V. They
have also stated that in the document Ex. P2 the endorsement has
been made at point A to A by the Directorate of Industries which
creates the right of the partnership firm in the suit property. The
question arises whether the endorsement made of Ex. P2 at point A to
A creates any lease rights in favour of defendant no. 1 & 2 or not.
Admittedly, the lease deed Ex. P2 is registered lease executed on
07.01.1982. The lease deed was executed for three years. The
defendant no. 1 & 2 and plaintiff have entered into partnership firm on
16.04.1984. After the creation of partnership firm M/s Akal Sahai no
fresh lease deed was executed between the President of India
through Directorate of Industries and the partnership firm M/s Akal
Sahai. The noting made of the lease deed is as "Constitution of the
firm Akal Sahai was changed from proprietorship to partnership
concern with (i) Shri Raghubir Singh (ii) Sh. Labh Singh Arora (iii)
Smt. Harwant Kaur and (iv) Sh. Gurcharan Singh with equal shares of
25% each.
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