SAT NAM SINGH Vs. SARDAR SANT SINGH

JUDGEMENT

(1.) I.A. No. 4734/98 has been filed by plaintiff for restraining defendant No. :1 from realising the decretal amount payable under decree passed in Suit No. 110/85 Sant Singh v. M/s. Janta Hydrolic & Others by the Court of an Addl. District Judge, Delhi from defendant No. 4 a tenant. I.A. No. 901/99 and I.A. .No. 3615/99 have been filed by defendant No. 1 seeking release of the balance amount of Rs. 1,90,099.00 deposited in this Court by defendants 5 and 6/tenants and also for vacating the stay against withdrawal of Rs. 1,26,000.00 realised in decree passed in Suit No. 110/85 referred to above, which has been stayed by this Court.

(2.) These applications have been filed in the circumstances as mentioned hereafter.

(3.) Defendant No. 1 in his written statement has admitted that plaintiff and defendants No. 1 to 3 were doing business as partners of M/s. Sardar Plastic Industries. However, the said firm was dissolved w.e.f. 1.4.1972, when plaintiff and defendant No. 3 retired from the partnership, its accounts were gone into, and on dissolution, plaintiff got shop No. 1993-41 measuring 64 yards situated at Shivaji Road while defendant No. 3 was allotted shop premises No. 1993-42, Shivaji Road, Delhi measuring 150 sq. yds. besides payments made to them and properly No. C-150, Mayapuri, New Delhi belongs to defendant No. 1 and it was specifically agreed in the partnership deed that the plot on allotment would belong to him alone. Defendant No. 1 and defendant No. 2 continued as partners but defendant No. 2 also retired later on and defendant No. 1 continued the business and he is the sole owner of the aforesaid industrial plot.