VidhiSangh

Supreme Court of India · 10/08/2021

DAVESH NAGALYA (D) & ORS. versus PRADEEP KUMAR (D) THR. LRS. AND ORS.

[2021] 8 S.C.R. 184 · 2021 INSC 389

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Summary

The Court held commercial tenanted premises deemed vacant after both partners of the permitted firm died and the deed contained no provision for continuation by their heirs. The High Court should have considered the first partner’s death in review, notwithstanding the earlier summary dismissal of special leave. The permission to induct a partner did not preserve the dissolved partnership indefinitely. The review order was set aside, leaving the landlords to pursue available remedies under the rent legislation rather than ordering immediate delivery of possession.

Issues

  1. Whether the partners’ deaths and the absence of a continuation clause caused deemed vacancy of the commercial premises.
  2. Whether the High Court should consider a material subsequent event in review after summary rejection of special leave.

Provisions considered

Held

Result

Appeal allowed; review order set aside and premises held deemed vacant. Landlords left to pursue remedies in accordance with the Act and law.

Judgment PDF: Supreme Court of India, [2021] 8 S.C.R. 184.