Law:

Section:

(a) Satisfaction of Charges (Evacuee Property) Rules, 1961, r. 4(b)(ii)-Expression "for purchase of property"-Lease-hold interest of an evacuee -"Real property" in every sense of the term­Hindu, after having received consideration in cash, entering into partnership agreement with a displaced person for transfer of his lease-hold (in cinema) and thereafter migrating to India-Payments made by displaced person, held, fall within exception of r. 4(b)(ii). (b) Partnership-Assets-Every partner is, in absence of special agreement to contrary, equally interested in whole of partnership assets--ease-hold interest of one partner becoming asset of firm Other partner acquires interest therein. While it is true that a partner cannot claim any asset of a partnership as exclusively his own until a distribution of the assets thereof has taken place, yet in law every partner is, in the absence of any special agreement to the contrary, equally interested in the whole of the partnership assets, and if the property happened to be real property then the legal estate in it would be governed by the ordinary doctrines of real property. It is futile, therefore, to argue that even if the lease-hold interest became an asset of the firm, the other partner acquired no interest therein. A lease­hold interest is, subject to any contract to the contrary, both transferable and heritable under the Transfer of Property Act. Ajudhia Pershad Ram v. Sham Sunder and others A I R 1947 Lah. 13 and Lindley's Partnership, 11th Edn., p. 436 ref: JUDGMENT HAMOODUR RAHMAN, C. J.-This appeal, by special leave, arises out of an order of a Division Bench of the High Court of West Pakistan at Karachi summarily dismissing a petition under Article 98 of the Constitution filed by the appellant herein. The appellant, who was a displaced person from Bombay in India, had entered into an agreement on 9-5-49 with one, Hariram Rewachand, a Hindu resident of Karachi, for running a cinema business in co-partnership. The latter, it appears, had earlier on 3-5-47 acquired a lease-hold interest for 20 years certain in respect of the premises wherein the cinema house, known as Imperial Talkies, was situated, being Plot No.…

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