SACHIN JAISWAL Vs. HOTEL ALKA RAJE

JUDGEMENT

(1.) Leave granted.

(2.) The appellant before this court has challenged the order dtd. 9/3/2022 passed by the High Court of Judicature at Allahabad, in First Appeal No. 60/2021 by which the High Court has disposed of the First Appeal preferred by the appellant with certain clarifications.

(3.) Briefly, the facts necessary for our consideration are that father of the appellant, late Bhairo Prasad Jaiswal had vide registered sale deed dtd. 1/10/1965 purchased a plot of land admeasuring 4 bigha 10 biswa 5 biswansi situated at Mohalla Rikabganj, Faizabad. Then, in the year 1971, he entered into an oral partnership with his brother, namely Hanuman Prasad Jaiswal, which was later reduced into writing vide Partnership Deed dtd. 11/10/1972 and thus the partnership firm, M/s Hotel Alka Raje i.e. respondent No. 1 herein was constituted. The two brothers jointly constructed a building on the land and started running a hotel business under the name and style of 'Hotel Alka Raje'.