KRISHNA JAGANATH KAMAT Vs. VITHAL JAGANATH KAMAT

JUDGEMENT

(1.) This is a defendants Second Appeal directed against the judgment doled 16th Jan., 1995, in Regular Civil Appeal No. 25/86 on the file of the Additional District lodge., South Goa, Margao. Heard both counsel.

(2.) The respondent/plaintiff filed a suit in the rial Court for a permanent injunction and a mandatory injunction. His case is that he and the defendant are brothers and are partners of a firm which is carrying on business in the suit premises; hat the suit premises belong to the firm. Since there was obstruction by the defendant in the plaintiff s carrying on business in the suit premises. the suit came to be filed.

(3.) The appellant's defence was that suit -premises not belong to the firm, but it was taken on lease exclusively by himself-in his individual capacity and therefore neither.the plaintiff nor the firm has any right for the premises. Then the defendant also pleaded that the firm must be deemed to have been dissolved with effect from 31st May, 1977.