AMARJIT SINGH Vs. BHUPINDER SINGH

JUDGEMENT

(1.) This application has been moved on behalf of the plaintiff under Order XL, Rule I read with Section 151, Civil Procedure Code for appointment of a Receiver. The plaintiff has filed a suit for dissolution of the partnership firm and rendition of account.

(2.) It is mentioned in the application that in September, 1988, the plaintiff suffered a heart attack, and he could not look after the affairs of the partnership business for some time. Thereafter, the plaintiff's son has been attending to the partnership business as his representative. It came to the knowledge of the plaintiff that the defendant has been transferring or otherwise disposing of the partnership properties or assets or converting its tenancy in favour of his wife and his brothers to the exclusion of the plaintiff. In these circumstances, the plaintiff has prayed .that during the pendency of the suit, to protect the possession of the partnership properties, assets and business and to look after the management of the partnership affairs, the Court may appoint a Receiver with the powers for the management, protection, preservation, improvement, collection of profits and to look after the affairs of the partnership business of M/s. Kirpal Singh Wazir Singh carried out from the property Nos. 5613 and 5613-A, Gandhi Market, Sadar Bazar, Delhi, either in the name of the partnership or in the individual names of the defendant or his relations etc.

(3.) Ms. Nandini Sawhney, the learned Counsel appearing for the plaintiff invited my attention to various documents filed by the plaintiff. She has placed reliance on the Deed of Partnership dated 1.4.1978 in which it is incorporated that "the partnership business shall be carried on under the name and style of M/s. Kirpal Singh Wazir Singh." It is mentioned in the Deed that "the profit or loss of the partnership shall be divided between the partners equally." It is also mentioned that the tenancy rights in the premises No. 5613, Gandhi Market, Sadar Bazar, Delhi shall vest in both the parties jointly. It is further mentioned that in the event of death of any of the partner or due to the inability of one of the partners to work as a partner or for any other reason, his legal heirs or if there are more than one, then his wife or eldest child will be taken in as a partrier in his place on the same terms and conditions.