TEXTILE HOUSE Vs. GANGA RAM AND SONS

JUDGEMENT

(1.) I.A. No.8629/93 i.s an application dated 30.9.93 Order 39 Rules 1-2 CPC seeking an ad interim preventive injunction restraining the defendant from placing any goods stacks or any other item on the wooden shelf or in the window counter or using the same or carrying on its business from the said place in any manner whatsoever. I.A. No-8630/93 of the same date is filed under Section 151 Civil Procedure Code seeking a temporary injunction in mandatory form directing the defendant to immediately remove the wooden shelf kept by the defendant so as to enable the plaintiff to carry on its business properly .

(2.) The parties forming partnerships described as plaintiff and defendant No.1 respectively are related with each other. Briefly stated, defendant No.2 and 3 are related as uncles to the three partners of the plaintiff firm. There are business premises situated in the commercial locality of Connaught Place, described as 14, Regal Building popularly known as Tea House. The said premises were in the tenancy of Shri Kishan Lal Suri. He had a right to sub-let the premises under the deed of lease entered intoby 638 him with the landlords. Exercising the said option he sub let the premises to M/S. Ganga Ram & Sons HUF and informed the landlords requesting the latter to issue rent receipts to M/S Ganga Ram & Sons. This is an arrangement arrived at in July, 1978.

(3.) Prior to this date M/S Textile House, the plaintiff, was carrying on its business somewhere at Karol Bagh, New Delhi. Now it shifted into the suit premises. There were certain changes .in the constitution of the firm which are not much relevant. On 31.12.1984, there was a partition in the Joint Hindu Family . of the parties. A memorandum of partition was recorded. That document is not in dispute. It was acknowledged therein that the HUF was enjoying leasehold rights in the said premises. In the partition the leasehold rights had fallen to the exclusive share of Ganga Ram HUF consisting of Shri Ganga Ram and his wife Shanti Devi and none else. Shiv Lal & Sons HUF running the plaintiff firm relinquished and ceased to have any interest in the HUF business of Ganga Ram & Sons which 'was being conducted in the suit premises. The following recital in the memorandum of partition is relevant, also of some importance and is therefore extracted and reproduced hereunder: "The business of Textile House has throughout belonged to Shiv Lal-(Individual) and his son and the HUF of Shri Shiv Lal had no interest in its profits and gains. .This partnership will continue to have its business in the same premises and will continue to pay commission to Ganga Ram HUF in lieu of their occupation of the premises and to none else. None of the other parties will have any interest in the profit and gains of the business of textile house." 1. On sub lease having been secure from Mr Suri, the first receipt exscuted by him in favour of the parties to the suit is also of relevance for its contents and hence that too is reproduced hereunder : Receipt Received with thanks from M/S. Ganga Ram & Sons,34B, Northern Ex:ension Area, Pusa Road New Delhi, a sum of Rs.2,00,000.00 say Rupees Two lakhs only vide following cheques : i) Cheque No. 630027 dated 1.1.79 drawn on the Punjab & Sind Bank Ltd Karol Bagh Drawn by Shri Madan Lal for Rs.50,000/ say Rupees Fifty thousand only. ii) Cheque No. 937056 dated 1.1.79 drawn on the Punjab & Sind Bank Ltd Karol Bagh drawn by Shri Sarup Lal for Rs.50,000/ say rupees fifty thousand only. 639 iii) Cheque No. 110650 dated 1.1.1979 drawn on the Bank of Rajasthan Ltd, Karol Bagh New Delhi drawn by M/S Textile House WEA Ajmal Khan Road Karol Bagh New Delhi-5 for a sum of Rs l,00,000/ say Rupees one lakh only. The above mentioned payment is on account of the following and on the following terms and conditions : a) That the above said sum is against moveable property and Goodwill Of M/s. Tea House (Restaurant) 14, Regal Building, New Delhi. b) That the moveable property consists of some fans, furniture etc. c) That the receipt of money i.e. Shri K.L. Suri shall have no right on the business of M/s Tea House henceforth. d) That all the expenses of M/s Tea House including rent electricity charges and other amount payable to the landlord or any other authority shall be the liability of Shri K.L. Suri till 17.7.78 and after that it shall be the liability of M/s Ganga Ram & Sons."