BABAR AHMED MUTAKIF Vs. QUTAB OASIS

JUDGEMENT

(1.) 16th February, 1993 the plaintiff and defendant No.2 had entered into a partnership to run a restaurant under the name and style of "The Qutab Oasis" at the premises forming part of the plot of land at Khasra No.669/27. Aurobindo Marg, Mehrauli Road, New Delhi. The said plot of land was owned by the father of the plaintiff and had been given on license to him. Some of the terms and conditions of the partnership deed were as under: -

(2.) The partnership, it appears, could not function properly and the plaintiff, therefore, by a notice dated April 6, 1995 dissolved the firm and the present suit has been filed for rendition of accounts of the business of the firm and for a declaration that the firm stood dissolved by giving of the said notice. Alongwith the suit, an application under Order 39 Rules 1 and 2 Civil Procedure Code was filed for an injunction restraining the defendant No.2 from opening the restaurant in violation of the terms of the partnership and from transferring or alienating the property in dispute to any other person.

(3.) A local commissioner was also appointed by the Court to find out as to who was in possession of the premises. The local commissioner, after inspection of the premises made a report that while the keys of the main gate of the premises were with the chowkidar of the restaurant, the keys of the back gate were with the Manager. The keys of the office were with the plaintiffs brother and Manager of the restaurant and the keys of the safe in the lobby were also with the plaintiff's brother. It was also observed by the local commissioner that keys of the filing cabinet in the office were with the Manager of the restaurant.