1994 (12) TMI 344

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....ed in 1952 and it lasted till 1959. In 1955 the plot in dispute was purchased by the defendant. At the time of dissolution a Partition Deed, Ext. 46, was executed. A Deed of Dissolution, Ext. 47, was executed on 1st August, 1961 and another Deed, Ext. 48, was executed on 1st September, 1961. In all these Deeds, this plot was mentioned. In the last Deed the recital read as under: We both have been carrying on the business of making and selling lotas (a) of copper in partnership for a long time in the name of "Messers Maharashtra Metal Manufacturing Company" Pune. We have duly recorded the deed of dissolution of partnership on the date 1-9-1961. There were factories running at two places and belonging to the our partnership. Similarly ther....

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.... 3. Sri Ashok Sen, the learned senior counsel urged that the law is settled that no registration was required of the partnership property as it did not result in transfer of any interest. Reliance was placed on S.V. Chandra Pandian and Ors. v. S.V. Sivalinga Nadar and Ors. MANU/SC/0450/1993 : [1995]212ITR592(SC) . The learned Counsel urged that in any case Section 14 of the Partition Act indicated that any property acquired subsequently becomes partnership property, Sri Tarkunde, the learned senior counsel supported the findings recorded by the High Court. He submitted that the documents, Ext. 46, 47 and 48, did not establish that Plot No. 699 was partnership property. He urged that in Ext. 46 the mala (garden land) and the present suit ....