KASHI RAM Vs. KUNDAN LAL

JUDGEMENT

(1.) This and the connected First Appeals Nos. 364 and 379 of 1954 are defendants' appeals aaginst a decree of the learned Additional Civil Judge of Bijnor.

(2.) There are six brothers, viz. Kundan Lal, Banarsi Das, Kanshi Ram, Muuna Lal, Devi Chand and Shiva Prasad. They were members of a joint Hindu family till 31-8-1936 and owned, inter alia, a sugar mill known as S. B. Sugar Mills situate at Bijnor. On the aforesaid date a separation took place in the family and the six brothers agreed to hold the said mill thenceforward as a partnership concern, each owning a one-sixth share therein. From 1941 to 1944 Kundan Lal was the resident manager of the mill.

(3.) On 13-5-1944 Shiva Prusad instituted a suit (No. 105 of 1944) in the court of the Subordinate Judge of Lahore against Kundan Lal and other brothers for dissolution of partnership and for accounts. On the same day he put in an application for appointment of a receiver.