IRESH DUGGAL Vs. VIRENDER KUMAR SETH & ORS

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India impugns the order of the trial court dated 16.5.2009 by which the trial court has rejected the prayer made by the decree holder/plaintiff for division of the tenanted premises in the ratio of 1/3rd for each of the parties to the suit in terms of the preliminary decree dated 25.9.2004 passed in a suit for dissolution of partnership and rendition of accounts. The tenanted premises are property no.18/39, Gali no.5, New Rohtak Road, Sarai Rohilla, Delhi.

(2.) The decree holder/plaintiff had filed the subject suit for dissolution of partnership and rendition of accounts, and in which suit no.117/1993, a preliminary decree was passed on 25.9.2004 giving 1/3rd rights in the partnership to the decree holder/plaintiff and also to each of the defendant nos.1 and 2.

(3.) One of the issues in the suit was issue no.2 as to whether the subject property is of and belongs to the partnership firm or the same is only in the tenancy of the respondent nos.1 and 2/defendant nos.1 and 2. This issue no.2 in the suit reads as under:-