PARAMJEET SINGH Vs. SOHAN SINGH

JUDGEMENT

(1.) The plaintiff by this application seeks transfer of two suits pending in the District Court and consolidation of the same with the present suit. The defendant No.1 opposes the said prayer of the plaintiff. The defendant No.2 is the DDA.

(2.) The plaintiff has instituted the present suit for partition and possession with respect to property No.A-112, Wazirpur Industrial Area, Delhi. The plaintiff is the son of the defendant No.1. The case in the plaint is that the plaintiff, the defendant No.1 and Smt Inderjit Kaur (sister of defendant No.1) were partners of M/s Calcutta Soap Mills vide partnership deed dated 1st April, 1969 with the plaintiff and the defendant No.1 having 40% share each and Smt Inderjit Kaur having the remaining 20% share; that the defendant No.2 DDA allotted the industrial plot No.A-112, Wazirpur Industrial Area, Delhi to M/s Calcutta Soap Mills having the aforesaid three partners and perpetual lease deed was executed in the name of M/s Calcutta Soap Mills; that in the year 1975 a new partnership was constituted under the name and style of M/s Calcutta Soap Oil Industries having four partners i.e., the plaintiff having 40% share, defendant No.1 having 40% share and Shri Charanjeet Singh and Shri Gurmeet Singh, brothers of the plaintiff, having 20% share each (sic); but the property aforesaid remained in the name of M/s Calcutta Soap Mills and was not transferred to the newly constituted Calcutta Soap Oil Industries.

(3.) The plaintiff has in the plaint itself stated of having instituted two suits prior to the institution of the present suit. The plaintiff has filed the first suit for declaration that relinquishment deed earlier executed by him relinquishing his share in the aforesaid property in favour of the defendant No.1 is illegal, inoperative and unenforceable and for restraining the defendants in the said suit for acting on the basis thereof. In the said suit, the plaintiff besides impleading the defendants herein has also impleaded his brothers Charanjeet Singh and Gurmeet Singh and Smt Inderjit Kaur aforesaid as parties. The said three persons are not parties to the present suit. The second suit was instituted by the plaintiff for dissolution of Calcutta Soap Mills and Calcutta Soap Oil Industries and for rendition of accounts with respect thereto. It is the said two suits pending before the Additional District Judge which are sought to be transferred to this court and to be consolidated with the present suit. In the second suit also besides the defendants herein, Shri Charanjeet Singh and Shri Gurmeet Singh and Smt Inderjit Kaur are the defendants.