RAJINDER PAL SINGH BHATIA Vs. SHRI GURBACHAN SINGH

JUDGEMENT

(1.) The appellant is the unsuccessful plaintiff in CS(OS) No. 1441/1990 which was dismissed by learned Single Judge by the impugned judgment dated 23.11.2012. The suit sought dissolution of the partnership firm Royal Safe Company, rendition of accounts and partition of the immovable properties of the firm.

(2.) The brief facts are that the first Defendant (now deceased) was plaintiff's father; the other parties, second to fifth defendants are his brothers, all of whom were partners in business of furniture and decorators, which was carried out under the name of M/s. Royal Safe Company in terms of the partnership deed dated 01.04.1967. While the plaintiff had 20% share in the partnership, Defendant No. 1 to Defendant No.5 had 15%, 20%, 20%, 15% and 10% respectively. The business was admittedly discontinued in September 1979.

(3.) The plaintiff had contended that despite discontinuance of the business, neither was the partnership firm dissolved, nor were the immovable properties of the firm partitioned. He, therefore filed the suit, the dismissal of which is being challenged, seeking dissolution of the partnership, partition of the immovable properties, and rendition of accounts in respect of the rent received from such immovable properties.