MADANLAL NANDLAL ZAWAR Vs. PREMSUKH RAMDAYAL ZAWAR

JUDGEMENT

(1.) The appeal is filed against judgment and decree of Special Civil Suit No. 130/1974, which was pending in the Court of Civil Judge, Senior Division, Ahmednagar and also against the judgment and decree of Regular Civil Appeal No. 35/2001, which was pending in the District Court, Ahmednagar. The suit filed by Premsukh for relief of partition and separate possession of his share from Joint Hindu Family properties is decreed in his favour. Both the sides are heard.

(2.) The facts, leading to the institution of the appeal, can be stated in brief as follows :-

(3.) It is the case of plaintiff Premsukh that he and defendant No. 1 were doing business under the name and style as "M/s. Ramdayal Nandlal" at Ahmednagar and this was the business of Joint Hindu Family consisting of plaintiff and Nandlal. It is contended that only for convenience, the partnership was formed, but from prior to the formation of this partnership they were doing the business though under different name. The particulars of the properties which were owned by Ramdayal and which was subsequently acquired by these two brothers are given in the plaint. The properties include two godowns situated at Panjarapol and Idgah Maidan, one plot situated at market yard, Ahmednagar, Survey No. 128/B situated at Shevgaon, Survey No. 128/A situated at Shevgaon, House properties bearing House Nos. 1285, 1286 and 1287 situated at Ahemednagar, other movable properties of the firm and gold and cash amount. It was contended that plaintiff has 1/2 share in all the properties. As the partnership was formed, relief was claimed for dissolution of the firm and for its account. Except the relief of share claimed in "Sharad Fertilizer", which was said to be branch of Ramdayal Nandlal Firm, the reliefs are given in respect of all the other properties by the Trial Court and this decision is confirmed by the First Appellate Court. The decision of dismissal of suit in respect of the property "Sharad Fertilizer" was not challenged by Premsukh or his successors and so, that property is not involved in the present proceeding.