MANAK DEVI Vs. SHEELA DEVI (D)

JUDGEMENT

(1.) CM No.15305/2015 (Exemption from filing TCR) For the purposes of deciding the instant appeal we have considered the record of the suit which has been sent to this Court as per practice directions issued. Learned counsel for the appellant states that the appeal may be heard today itself and no date for hearing of the appeal be fixed as contemplated by sub-Rule-1 of Rule 11 of Order XLI of the Code of Civil Procedure.

(2.) The claim of Sheela Devi was that the suit property was purchased vide a Sale Deed dated May 14, 1969 by late Ram Prashad and late Durga Prashad having equal rights, title and interest in the said property. From the said shop a partnership concern M/s Ram Prashad Durga Prashad was running the business of manufacture and sale of sweets wherein Ram Prashad and Durga Prashad were equal partners. After the death of Ram Prashad, Manak Devi and Amar Singh, widow and son of Ram Prashad were inducted as partners with 25% share each and Durga Prashad and his son Ram Prakash also with their shares of 25% each. After the death of Durga Prashad, Sheela Devi, the plaintiff, wife of Durga Prashad was inducted as a 25% shareholder whereafter the business was divided into two branches one of late Ram Prashad and the other of Durga Prashad with each branch getting in the ratio of 50% each. After the death of Amar Singh, Sanjeev Kumar another son of late Ram Prashad was also added in the partnership.

(3.) In view of the disputes and differences between the parties defendant Nos.2 to 4, that is, sons of Amar Singh and wife of Amar Singh filed a petition under Section 20 of the Arbitration Act claiming their shares in the business. In the said suit, the reference to arbitration pertained specifically to the partnership however, there was no dispute referred to regarding the ownership and entitlement of Durga Prashad and Ram Prashad to the suit property.