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Supreme Court of India 2021-08-10 allowed

Davesh Nagalya (D) & Ors vs Pradeep Kumar (D) Thr. Lrs. and Ors

Bench: 2 — Hemant Gupta

In Brief

A landlord challenged the High Court's refusal to review its order upholding tenancy of a non-residential shop on the ground that a crucial subsequent event—the death of one partner in a two-partner firm—had not been considered. The Supreme Court held that where a partnership has no clause allowing continuation upon a partner's death, it dissolves automatically under the Partnership Act. When both partners died without such a succession clause, the premises were deemed vacant under rent control law as the tenant ceased occupation. The Court set aside the review dismissal, holding that courts must consider materially relevant subsequent events during pending litigation, and allowed the appeal.

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Partnership Law Tenancy Law Landlord and Tenant Succession of Tenancy Urban Rent Control

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