LATE AMAR SINGH THROUGH LRS Vs. GURDIAL SINGH

JUDGEMENT

(1.) Suit for Partition has been filed by the plaintiff in respect of the Industrial Plot and Building bearing No. 19/6, Block D, measuring 483.89 sq. meters situated in Okhla Industrial Area, Phase-II, New Delhi (hereinafter referred to as the "suit property").

(2.) It is submitted that the defendant Nos. 1 and 2 and the deceased plaintiff are the sons of Late Shri Sardar Bawa Singh, who were carrying on a business of repairing of electric motors and compressors under the name and style of partnership Firm M/s Compressors India from 2/1/1981 at 245-A, Prakash Mohalla, Garhi, Lajpat Nagar, New Delhi. They had entered into a Partnership Deed dtd. 6/10/1981, wherein it was agreed that the profits and losses of the business would be shared equally by all three partneRs. Bank account in the name of Firm, was to be operated jointly and severally was. None of the partners were entitled to benefit from the goodwill at the time of the retirement from the partnership business.

(3.) The Delhi Development Authority (hereinafter referred to as "DDA") held auction of the suit property on 29/9/1987, in which the partnership Firm was the successful bidder for Rs.4,78,000.00 and the sale was confirmed by the Vice-Chairman, DDA in favour of the Firm which was directed to pay Rs.3,58,511.00 by 4/12/1987. The suit property is bound by Plot No. D-19/5 on the left side and by Plot No. D-20/1 on the right side. There is a 20 feet wide back land and 45 feet wide road in the front.