LAWS(DLH)-1989-2-58

INDERPREET SINGH MONGA Vs. S BALBIR SINGH

Decided On February 03, 1989
INDERPRIT SINGH MONGA Appellant
V/S
S BALBIR SINGH Respondents

JUDGEMENT

(1.) By this suit the plaintiff is claiming a decree for permanent injunction restraining the defendants from in any manner interfering in the business, of the plaintiffs in the name of M/S Brightways Garment Emporium being conducted at shop No. 6178, Ajmal Khan Road, Karol Bagh, New Delhi, and for declaration that non-judicial stamp paper worth Rs. 2 denomination signed blank by plaintiff No. I on 6-9-1988 with or without inscriptions be declared null and void.

(2.) Plaintiffs and defendants 1, 2 and 3 are sons of late lqbal Singh Monga. Defendant No. 4 is the daughter of lqbal Singh. lqbal Singh married twice and both the wives predeceased him. From his first wife he had three sons and one daughter and these are defendants I to 4 and from the second wife he has two sons who are the plaintiff in this suit. lqbal Singh died on 5-9-1988. Prior to his death, he was staying at A-254, Vikas Puri, New Delhi along with the plaintiff. The defendants were residing at other places. Plaintiff No. I is aged 18 years and plaintiff No. 2 is .aged 14 year--, lqbal Singh had business premises at 6178, Ajmal Khan Road, Karol Bagh, New Delhi, and he was running his business under the name of Brightways Garment Emporium. On 1st August, 88 he entered into a partnership with his elder son Inderpreet Singh (Plaintiff No. 1) and Bhupinder Singh (Plain iff No. 2) to the benefits of partnership. The partnership deed was sot registered. Para 6 of the partnership deed recited that in The event of death of lqbal Singh (prior to attaining the age of majority by plam- tiff No. 2) his share shall automatically deem to have been transferred to the other partners as under :-- Inderpreet Singh (Plaintiff No. 1) ...20 per cent. Bhupinder Singh (Plaintiff No. 2).. 30 per cent. On .he death of lqbal Singh, after the attaining the age of majority by Bhupinder Singh, the ratio of profit and loss of the remaining 2 partners will be fifty per cent each. It was further provided in the partnership deed that the bank account shall be maintained in a nationalised bank and it could be operated by lqbal Singh singly and plaintiff No. I jointly with lqbal Singh. Plaintiff No. 2 could operate the account alter obtaining majority with lqbal Singh. It was further provided that in the event of death of lqbal Singh, the remaining partners i.e. plaintiffs No. I and 2 shall continue the partnership and shall be entitles to use the trade name of the partnership, trade mark of the business and goodwill of the firm. It is further provided that "subject to whatever has been stated above, as a matter of abundant precaution, it is hereby reiterated that each partner shall be entitled to the goodwill of the firm and tenancy rights of the business premises which is at present in the name of Shri lqbal Singh Monga (proportionate to his profit sharing ratio in the partnership). In the event of death of Shri lqbal Singh Monga, the tenancy right would deem to have been transferred to M/S Brightways Garment Emporium and through it to its remaining partners i.e. M/s. Inderpreet Singh and Bhupinder Singh Monga who shall pay the rent, obtain receipt and appear before any authority for anything concerning the business premises."

(3.) It is further stated in the plaint that lqbal Singh left a will dated 8-7-1983, duly legistered with the Sub-Registrar, which provided as under :-- "I have three sons named Balbir Singh Monga, Amarjit Singh Monga and Rajwant Singh Monga and one daughter Smt. Satinder Kaur from my earlier marriage with Smt. Jagjit Kaur (now deceased). My said sons Shri Balbir Singh Monga and Amarjit Singh Monga have been happily married and are residing separately as also my daughter Smt. Satinder Kaur who is happily marred. I have already provided my these three children sufficientiy on various occasions as also at the time of their marriage and as such I declare that. my strove, said three children shall not inherit anything from my property after my death except the. beques: made herein. I am having two shops, one bearing No. 27 Palika Bazar, Connaught Place, Mew Delhi, wherein I am one of the partner, and another .shop in property No. 6/78 WEA, Karol Bagh,New Delhi in the name and style of Brigh.ways Garment Emporium (Air conditioned) as sole proprietor. One residential plot No. 249 Block A measuring 324 sq. meters at Vikas Puri. New Delhi, Plot No. 204 Sector 8 measuring 350. sq. .yards at Faridabad and plot No. 862 measuring 500 so. yards in Shalimar Garden Exin. I Dist. Ghaziabad on Delhi-U.P. Border. Besides I have pint tenant with my brother Shri Tarlok Singli in property No. 59/36, New Rohtak Road, New Delhi and A-7, Prahlad Market, Karol Bagh, New Delhi. I hereby bequeath and devise all my rights.. title and interest including the assets and liabilies, capital and goodwill as also my tenancy rights in the shop Brightways Garment Emporium (.Air conditioned) situated in property No. 6/78 WEA Karol Bagh, New Delhi as also residential Plot No. A-249. Vikas Puri, New Delhi along with the building and superstructure which I may erect thereon during my life time, absolutely to my wife Smt. Swaran Monga to the exclusion of all my legal heirs and she shall be the sole owner thereof after my demise. I also devise and bequeath to my wife Smt. Swaran Monga absolutely all my moveable properties including bank account and fixed denosits and the telenhone installed in my name at 27 Palika Bazar. Connaught Place, New Delhi, whatever and wheresoever and which I may be possessed of either in my name or Jointly with my wife Smt. Swaran. Monga at my demise to the exclusion of all mv other heirs. I further declare that my wife Smt. Swaran Monga shall also exclusively inherit the residue of my estate, if any, which is not covered herein and the same shall vest absolutely in her on my demise. I further declare that in case my said wife may predecease me or atter her death, as the case may be, the above properties bequeathed to my wife Smt. Swaran Monga shall obsolutely vest with my sons Master Inderpreet Singh Monga and Master Bhupinder Singh Monga, who are minors at present in equal shares."