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TMI Blog2020 (2) TMI 1172X X X X Extracts X X X X X X X X Extracts X X X X ..... nd by the partition affected vide the Agreement/Family Settlement dated 11th March, 2014 or are proceeding on the premise that there has been no partition and if are proceeding on the latter premise, to satisfy that they have a share in accordance with law in the properties, title to which is held by others and/or right in the partnership firms, notwithstanding being not a partner thereof. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ugh: Mr. T.S. Ahuja and Mr. Varun S. Ahuja, Advs. Defendants Through: None. O R D E R 1. The plaintiffs have sued for partition of immoveable properties and dissolution of partnership firms in terms of the Agreement/Family Settlement dated 11th March, 2014 between the plaintiffs and the defendants. 2. As per the averments in the plaint, all the parties were not partners in the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt/Family Settlement dated 11th March, 2014, the plaintiffs cannot again seek partition and the remedy of the plaintiffs is only to seek specific performance of the unfulfilled part of the Agreement/Family Settlement dated 11th March, 2014. For instance, the plaintiffs are seeking recovery of possession of one of the properties; the plaintiffs have to sue for recovery of possession and not for par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ement dated 11th March, 2014 or are proceeding on the premise that there has been no partition and if are proceeding on the latter premise, to satisfy that they have a share in accordance with law in the properties, title to which is held by others and/or right in the partnership firms, notwithstanding being not a partner thereof. 7. I may record that the law recognises jointness only in the ev ..... X X X X Extracts X X X X X X X X Extracts X X X X
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