AERO CLUB Vs. ONKAR TRAVELS

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal (RFA) filed under Section 96 Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the Trial Court dated 4.10.2002. By the impugned judgment Trial Court decreed the suit for recovery of Rs.2,08,550/- claimed towards commission charges and penalty of Rs.2 lacs for premature termination of the agreement dated 6.2.1997 entered into between the parties. By the agreement dated 6.2.1997, appellants / defendants were allowed to sell their Woodland products from the premises of the respondent / plaintiff situated at Shop No.3 in Mikha Singh Jawala Singh Building, G.T. Road, Opposite Company Bagh, Jallandhar.

(2.) THE facts of the case are that respondent / plaintiff filed a suit for recovery of Rs. 3,23,500/- inasmuch as the appellants / defendants prematurely terminated the contract dated 6.2.1997 vide letter dated 28.12.2000. THE termination was said to be illegal and premature because the agreement dated 6.2.1997 was for a fixed term of 9 years. THE claim in the suit was for commission charges from 1.8.2000 to 30.4.2001 at the agreed rate of Rs.22,500/- and Rs.27,500/- per month. A sum of Rs.2 lacs was claimed as penalty as per clause 2(c) of the agreement dated 6.2.1997, which is actually in the nature of liquidated damages provided for premature illegal termination of the contract.

(3.) ISSUE No.1 which was framed by the Trial Court was with respect to whether the plaintiff is a duly registered partnership firm and whether Smt.Amarjeet Kaur Bahia was one of its partners. This issue was framed because the appellants / defendants in its written statement pleaded that the respondent / plaintiff partnership firm was not registered under the Partnership Act, 1932 and that Smt.Amarjeet Kaur Bahia was said not to be authorized/competent to file the present suit.