1976 (2) TMI 16

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..... 963-64 ? " The facts necessary for the purpose of answering the above question of law may be briefly stated as follows : Three brothers, namely, Daluram Agarwalla, Onkarmall Agarwalla and Dwarikadas Agarwalla, owned a tea estate called Maskara Tea Estate and their shares in the tea estate respectively was 0-6-0, 0-6-0 and 0-4-0. Some time in 1940 Dwarikadas Agarwalla sold his 0-4-0 share to his brother, Onkarmall Agarwalla. Thus, on and from that sale, Daluram Agarwalla became the owner of 0-6-0 share and Onkarmall Agarwalla became the owner of 0-10-0 share in the tea estate. Daluram Agarwalla was the karta of a Hindu undivided family, the other members being his wife, Dakhi Devi Agarwalla, and his son, Nathmall Agarwalla. Onkarmall A .....

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..... wo years registration was allowed. On the above facts, the abovementioned question of law has been referred. The Tribunal has found in its order that one or more Hindu undivided families may transfer its property to a partnership firm in which some of the partners may be members of the Hindu undivided family concerned. The Tribunal has relied on certain decisions of the Supreme Court and this proposition of law cannot be assailed. In the instant case, there were two Hindu undivided families. The members of the first Hindu undivided family were Daluram Agarwalla (karta), Dakhi Devi (his wife) and Nathmal Agarwalla (his son). The second Hindu undivided family consists of Durga Prasad Agarwalla (karta), his mother, Meghawati Devi, and .....

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..... ulings in view we have to hold that a genuine firm has come into existence. Of course, there are no materials to show that the partnership firm was actually in possession of the Maskara Tea Estate from April 1, 1960. It cannot be doubted that immovable properties worth Rs. 1,00,000 were being transferred and so a registered deed was needed. When the registered deed was executed the valuation of the assets was determined and the firm got the capital which was ascertained on July 28, 1960, after the registration of the sale deed. Thus, it is evident that within three months of the execution of the partnership deed the properties were transferred to the partnership firm and the assets were also partitioned. Thus, it is evident that the intenti .....

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