(1.) By this order, I intend to dispose of three F.A.O.Nos.1531, 1532 and 1533 of 2010 as the common questions of law and facts involved in all the three appeals are the same. The facts are being taken from FAO No.1531 of 2010.
(2.) An agreement to sell dated 1.10.2002 was allegedly executed between M/s Jagtumal Murari Lal, a partnership firm consisting of Rajiv Kumar Gupta, Mrs.Sunhena Gupta and Raghav Gupta partners on one side and Susham Singla on the other side for the sale of leasehold property called "Malwa Cinema" situated on The Mall Road, Patiala for a total consideration of Rs17.25 crores. The sole question, which arises for adjudication of the dispute, is as to whether in the absence of the signatures/authorisation of other partners, the sole partner could enter into an agreement to sell the property or not. I would not be refraining myself in not reproducing the relevant clause/portion of the agreement to sell, which reads thus:-
(3.) From the perusal of the aforementioned clauses, it appears that a "Deemed/Implied" authorisation of the other co-owners regarding respective shares in the aforementioned property was given to one Rajiv Kumar Gupta for entering into the agreement to sell. In essence, there is no separate authorisation in writing. However, section 14 of the Indian Partnership Act, 1932 (for short "1932 Act") deals with the property of the firm. The same is reproduced herein under:-
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