JAYRAM BANAN Vs. ANAND PRAKASH GUPTA

JUDGEMENT

(1.) Issue notice. Mr. P.D. Gupta, Advocate accepts notice on behalf of the respondents. Arguments heard with the consent of the parties for final disposal.

(2.) By this petition under Article 227 of Constitution of India, the petitioners have assailed an order dated 7th January, 2010 passed by learned Additional District Judge dismissing an application of the petitioners under Order XI Rule 14 read with Section 151 CPC seeking production of a document, namely an alleged partnership deed from defendant No.1.

(3.) Brief facts relevant for the purpose of deciding this petition are that the petitioners are defendants in the suit filed by the plaintiffs. As per the case of the plaintiffs (respondents herein), the shop in question was purchased by Sh. Anand Prakash Gupta from previous owner (he was a tenant in the shop). Since he was a handicapped person, he decided to purchase the shop in the name of his three sons who were minor at the time of purchase. The shop was let out to the petitioners, owner of M/s. Sagar Food Home, through its partner Jayram Banan by an Agreement to Lease. Though the agreement was executed on stamp paper but was not registered. In this agreement, the landlord is stated to be M/s. Anand Prakash & Sons. In the opening para of Agreement to Lease, it was stated that the shop was being let out through partners Sh. Anand Prakash Gupta, Sh. Rajesh Gupta, Sh. Jagdish Gupta and Sh. Balram Gupta, all sons of Sh. Anand Prakash Gupta. However, in the later para in Clause I of the lease agreement, it was made clear that M/s. Anand Prakash Gupta & Sons was an HUF and Sh. Anand Prakash Gupta was the karta of M/s. Anand Prakash Gupta & Sons and all dealings by petitioners will be made through Sh. Anand Prakash Gupta only. Again, this was stated in Clause 15 that in case of death of Sh. Anand Prakash Gupta, Smt. Kaushalya Devi Gupta, wife of Sh. Anand Prakash Gupta will step into the shoes of Sh. Anand Prakash Gupta as the First Party.