VIRENDRA KUMAR JAIN Vs. ASHA GOEL

JUDGEMENT

(1.) Heard Sri Navin Sinha, learned Senior Advocate assisted by Sri Udayan Nandan, learned counsel for the plaintiff.

(2.) Briefly stated facts of the preset case are that the plaintiff and the respondents are the real brother and sister. As per pleadings in the plaint one Sri Moti Lal Jain, jointly acquired lease hold rights alongwith his wife Smt. Laxmi Devi in the year 1963 in the immovable property being Survey No.419/1, Plot No. 4, 5 & 6, Kanpur Cantt. The building known as "Agarwala Building, the Mall Kanpur" was constructed over the aforesaid plot between the year 1963 to 1969.

(3.) The aforesaid Sri Moti Lal Jain alongwith Sri Virendra Kumar Jain (plaintiff/applicant herein) constituted a partnership firm on 26.5.1977 in the name and style of M/s. Agarwala Brothers. As per aforesaid partnership deed in the event of death of Sri Moti Lal Jain, the plaintiff-applicant shall carry on business of the firm as sole proprietor and all the assets and goodwill of the firm shall vest in him. The legal representative of the Sri Moti Lal Jain would be entitled only to the amount lying to his credit. Copy of the aforesaid partnership deed has been filed as SA-1 to the supplementary affidavit dated 13.5.2019.