Law: Partnership Act (IX of 1932)

Section: 4

Law: Punjab General Clauses Act (I of 1898)

Section: 3 (42)

Law: Civil Procedure Code (V of 1908)

Section: O. XXl, rr. 97, 99

(a) Partnership Act (IX of 1932)  S. 4 and General Clauses Act (IX of 1897), S. 3 (42)-Firm-Not a legal person. Though firm may possess certain characteristics of a legal person bug it is only a collective name of its components and cannot be deemed or considered t be a legal person distinct and separate from its partners. Bhagwanji Morarjl Goculdas v. Alembic Chemical Works Company Ltd, P L D 1948 P C 73 and Dulichand Lexminarayan v. Commissioner of Income-tax, Naghpur A I R 1956 S C 354 eel. (b) Civil Procedure Code (V of 1908) O. XXl, rr. 97 & 99 and Partnership Act (IX of 1932), S. Possession-Partnership deed not showing demised premises being ever brought by original tenant (judgment-debtor) into partnership Premises continued to be under sole tenancy of judgment-debtor and never considered to be property of petitioner-firm-Mere fact of judgment-debtor being a partner and partnership business allowed to be carried on in demised premises, held, did not itself amount to divesting judgment-debtor of legal possession of shop in question in favour of firm. Total Bai v, Abdul Aziz P L D 1968 Kar. 635 eel. (c) Civil Procedure Code (V of 1908)  O. X'XI, rr. 97 & 99 and Partnership Act (IX of 1932), S. 14 Possession-Parting with legal possession in favour of partners to be such as to create an interest in immovable property, a right in 'rem, in all partners so as to create in them unity of title, interest and possession enabling all partners to become co-lessees-- Parting with possession and letting firm into use as tenant of demised premises-Not to be readily construed particularly in cases of premises subject to Rent Restriction Laws..       Date of hearing : 22nd October, 1979.                                                                                                                  JUDGMENT This is a revision petition…