Inti Narayana vs. Gurram Malakondaiah [MANU/AP/0219/1983]

Principal differences between co-ownership and partnership

16. …….1. Co-ownership is not necessarily the result of agreement, partnership is.

2. Co-ownership does not necessarily involve community of profit or of loss. Partnership does.

3. One co-owner can without the consent of others transfer his interest…. A partner is in ‘much more restricted position.

4. One co-owner is not as such the agent real or implied of the others. A partner is as far as concerned activities falling within the scope of partnership.

5. One co-owner has no hen on the other owner in common for outlays or expenses; nor for what may be due from the others as their share of a common debt. A partner has.

 

6. Co-ownership not necessarily exist for the sake of gain and partnership exist for no other purpose; the remedies by way of account and otherwise which one co-owner has against the others are in many ‘important respects different from and less exclusive than, those which one partner has against his co-partner.