AIR 1991 SUPREME COURT 1020 ::1991 (1) UJ (SC) 203 ::1991 UJ(SC) 1 203 ::(1991) 2 CivLJ 371 ::1991 (1) SCC 412 ::1991 (1) CurCC 1 ::(1991) IJR 469 (SC) ::1990 (2) MadLW 642 ::(1991) 1 Mad LJ 46 ::1994 (1) BankLJ 392 ::(1991) 1 JT 138 (SC)

Supreme Court Of India

(From : (1989) 103 Mad LW 1)

Hon'ble Judge(s): Lalit Mohan Sharma, K. Ramaswamy , JJ

(A) Partnership Act (9 of 1932) , S.7— Partnership at will - Clear provision in deed that partnership will continue "till there are two partners" - It is not a partnership at will - Partner has no right to dissolve it. (1989) 103 Mad LW 1, Reversed.Deed - Construction. A contract of partnership must be read as a whole and the intention of the parties must be gathered from the language used in the contract by adopting harmonious construction of all the clauses contained therein. The cardinal principle is to ascertain the intention of the parties to the contract through the word they have used, which are key to open the @page-SC1021 mind of the makers. It is seldom that any technical or pedantic rule of construction can be brought to bear on their construction. The guiding rule really is to ascertain the natural and ordinary sensible meaning to the language through which the parties have expressed themselves, unless the meaning leads to absurdity.(Para 14) In the instant case the clause of the partnership deed manifests the intention of the parties that so long as there exist two partners, partnership cannot be determined, although he/she may withdraw from partnership and terminate the legal relationship between himself and other partners. If one partner desires to withdraw or retires ....