KULJINDER SINGH AHUWALIYA Vs. SANDEEPKAUR AHUVALIA

JUDGEMENT

(1.) THIS Suit is filed by the plaintiff claiming to be a partner in defendant No. 3 Company along with defendants 1 and 2 for a declaration that certain shares in defendant No. 4 Company are the property of defendant No. 3 Partnership firm of which the plaintiff and defendants 1 and 2 are equal partners. Plaintiff and defendant No. 2 are brothers. Defendant No. 1 is the widow of their deceased brother. The parties further claim to be in management of defendant No. 4 Company. The shares of defendant No. 4 Company stood in the name of the deceased husband of defendant No. 1. The plaintiff claims that they are the shares of defendant No. 3 Company itself and that is the intangible property of defendant No. 3 firm. The plaintiffs have claimed other reliefs ancillary to the relief of the aforesaid declaration.

(2.) THE defendant No. 3 Firm was admittedly constituted as far back as on 17th september, 1975 under a Deed of Partnership executed between the deceased husband of defendant No. 1 and the deceased mother of the plaintiff and defendant No. 2. They were equal partners therein.

(3.) THERE was a public issue of shares of defendant No. 4, Company in January, 1993. Under that public issue further shares were purchased by the deceased husband of defendant no. 1. The source of funds from which the shares were purchased is not shown. The plaintiff claims that by virtue of said public issue the shareholding of the partnership Firm of defendant No. 3 in defendant No. 4 Company came to be increased. That was in January, 1993. At that time there were only two partners of the Firm - the de ceased husband of defendant No. 1 and the deceased mother of the plaintiff and defendant No. 2.