NOVAL CASTABLES AND CHEMICALS Vs. USHA PANT

JUDGEMENT

(1.) HEARD Sri Pradeep Hairiya, the learned counsel for the revisionist and Sri Vijay Bhatt, the learned counsel for the defendant -respondents.

(2.) THE applicant is the plaintiff and filed a suit for declaration and for a permanent injunction praying that the plaintiff should be declared the owner of the land in question and that the opposite party should be restrained from interfering in the possession of the plaintiff on the land and the firm which has been reconstituted. The plaintiff alleged that there was a partnership firm by the name of M/s Noval Castables and Chemicals in which the plaintiff and the husband of defendant no. 1 Devki Nandan Pant were the original partners and, upon the death of Devki Nandan Pant, the partnership firm was reconstituted in which the plaintiff Ramesh Chandra Binjola and Smt. Sudha Binjola became partners and that the firm and the land in question belongs to this partnership firm. The plaintiff contended that the opposite party had nothing to do with this firm and they are unnecessarily interfering in the running of the firm and were wrongly claiming ownership on the land in question.

(3.) THE opposite party entered appearance and filed the written statement as well as a counter claim, claiming that the new partnership, upon the death of Devki Nandan Pant should be declared void and that the opposite parties should be made partners in the said firm, being the legal heirs of Devki Nandan Pant.