VidhiSangh

Supreme Court of India · 27/02/2025

SACHIN JAISWAL versus M/S HOTEL ALKA RAJE & OTHER

[2025] 2 S.C.R. 1396 · 2025 INSC 275

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Summary

Land bought by the appellant's father in 1965, on which he and his brother built a hotel after forming a partnership in 1972, became the property of the firm under Section 14 of the Partnership Act. The Court upheld the High Court's clarification that the decree declaring title be read in favour of the firm alone, and held that the High Court had no occasion to decide the separate contention that title could not pass by a relinquishment deed.

Issues

  1. Whether the High Court was right to clarify that the trial court's decree declaring title to the hotel property should be read in favour of the partnership firm alone.
  2. Whether land and a building brought into the partnership by one partner became property of the firm under Section 14 of the Indian Partnership Act, 1932.
  3. Whether the High Court erred in not deciding the appellant's contention that title could not be transferred by a relinquishment deed.

Provisions considered

Held

Result

Appeal dismissed; High Court's order of 09.03.2022 clarifying that the decree is in favour of the firm alone upheld.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 1396.