FAROOQ Vs. SANDHYA ANTHRAPER KURISHINGAL AND OTHERS.

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal arises from a suit being OS No.1071 of 2003 filed on 11th Dec., 2003 by two partners against the remaining partner and an unregistered firm seeking to cancel a sale made on 26th April, 2003 by the defendant partner without the consent of all the partners. A preliminary objection was taken stating that the suit was hit by Sec. 69 of the Indian Partnership Act, which reads as follows:-

(3.) The trial court, by a Judgment dated 19th April, 2006, held, on a reading of the plaint as a whole, that the suit was hit by the said Sec. and, therefore, was not maintainable. The High Court in appeal against the said Judgment reversed the finding of the Trial Court by the impugned judgment dated 8th Nov., 2013, holding that a reading of the plaint leads to the conclusion that the plaintiffs are actually enforcing their rights as co-owners of the property, and not as partners of a firm and, therefore, the suit would be maintainable.