In Brief
The Supreme Court upheld that when a non-residential property tenanted for business purposes is held in partnership and both partners die without a contractual provision for succession, the partnership automatically dissolves under the Partnership Act. The death of both partners consequently causes deemed vacation of the premises under the U.P. Urban Buildings Regulation Act. The Court held that the High Court erred in dismissing a review petition without considering the material fact of the partner's death. The Court emphasized that courts must consider subsequent events that fundamentally affect parties' rights when reviewing matters, and set aside the High Court's order, deeming the premises vacant.
The lawyer headnote and full judgment text are available to registered users.