DURGA PRASAD Vs. SHIV LAL

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated September 11, 1989, passed by the First Appellate Court, whereby, the judgment and decree dated January 21, 1988, passed by the trial Court, were affirmed.

(2.) For better appreciation of the questions, involved in the appeal, it is necessary to state, in brief, the facts of the case.

(3.) Respondents predecessor-in-interest, namely, Shri Shiv Lal, filed a suit for possession of the permises in question, and for recovery of Rs. I 500.00 , on account of mesne profit, against the present appellants. Plaintiff's case, before the trial Court was that Shri Shiv Lal, now deceased, was the owner/landlord of the permises, bearing No. 6574, at 70-D, Kamla NagaJ, Subzi Mandi, Delhi, and Smt. Laxmi Devi, the mother of appellants (defendants in suit), was a tenant in respect of two rooms, a Tehkhana, kitchen, common use of latrine, bath and compound, on the first floor, and a garage on the ground floor of the aforesaid property, on the payment of Rs. 80.00 as rent per mensem. Shri Sri Ram, husband of Smt. Laxmi Devi, was a partner with his two brothers, namely, Shri Shiv Lal and Shri Bishamber Dayal, in the partnership firm, known as M/s. Jugal Kishore Jagdish Pershad. As, the firm was running in losses, therefore, the same was dissolved and, an agreement/dissolution deed dated April 8, 1954, was executed by the 3 partners. To cover up the losses, the property in dispute was mortgaged with M/s. Banwari Lal Sri Ram for Rs. 30,000.00 and with M/s. KanshiRam Gopal Chand for a sum of Rs.l2,000.00 . It may be noticed that the aforesaid property was jointly owned by late Shri Sri Ram and Shri Shiv Lal, in equal shares. Under the dissolution deed, the liability of late Shri Sri Ram was of Rs. 21, 000.00 . It was stated that the value of the property was assessed at Rs. 60,000.00 and the share of late Shri Sri Ram, came to Rs. 30,000.00 . Late Shri Sri Ram agreed to sell his share in the property to Shri Shiv Lal, for a consideration of Rs. 30.000.00 , vide the aforesaid agreement. The case of plaintiff was, that he redeemed the property, by making the payment to the mortgagees. The liability of Shri Sri Ram was also discharged.