A D KUMAR Vs. GIAN CHAND KUMAR

JUDGEMENT

(1.) LATE Ganesh Dass was blessed with six sons named Harivansh Lal Kumar, Fateh Chand Kumar, B.D.Kumar, M.L.Kumar, Kumar Lall and P.D.Kumar.

(2.) ON 10.11.1961 three sons namely B.D.Kumar, Harivansh Lal Kumar and Fateh Chand Kumar, and one son of Harivansh Lal Kumar named Ashok Kumar and Shobha Kumari the wife of Ashok Kumar constituted a partnership to carry on business under the name and style ,,M/s.Ashok Anil & Co. (hereinafter referred to as ,,the partnership firm). The object of the firm was to carry on business of roller flour mills. (Be it noted here that three minor sons of B.D.Kumar were admitted to the benefits of the partnership firm.) The respective share of the partners in the profit and loss of the partnership firm was as follows:- (i) B.D. Kumar 37%; (ii) Harivansh Lal Kumar 22%; (iii) Fateh Chand Kumar 4%; (iv) Ashok Kumar 18%; and (v) Shobha Kumari 19%.

(3.) BEING relevant for purpose of adjudication of the instant appeal, the under-noted portion of the said application needs to be reproduced:-