SHANTI DEVI SHARMA Vs. RADHESHYAM PALOD

JUDGEMENT

(1.) FEELING aggrieved by judgment and Order dated 13-1-95 passed by Third Additional Judge to District Judge, Vidisha, in Civil Suit No. 18/94, the plaintiffs/appellants have come up in appeal to this Court and prayed for hearing of the suit on merits.

(2.) APPELLANTS/plaintiffs had filed a suit before District Judge, Vidisha for declaration and mandatory injunction in respect of a partnership firm styled as "m/s. Vidisha Auto Service" to declare that it is an exclusive dealership of the plaintiffs. According to the plaintiffs, defendant No. 2 Indian Oil Corporation granted agency of kerosene oil in Vidisha District to the plaintiffs in the name of Vidisha Auto Service for petrol, diesel and mobi oil. Subsequently another retail outlet was opened in Dholkhedi which business was done in the sub-partnership with the name of Vidisha Auto Sales and Service. Initially, the partnership was constituted of two partners, namely; Ramswaroop Sharma, predecessor in title of the present plaintiffs, and defendant No. 1 i. e. defendant/respondent No. 1.

(3.) AFTER about 14/15 years, there was some dispute between the partners and they mutually agreed to distribute assets of partnership and the deceased Ramswaroop Sharma was given the right of running the business in Vidisha and defendant No. 1 agreed to look after the business in Dholkhedi. This agreement did not subsist for long and again on 12-10-94, another arrangement was made and defendant No. 1 started business at Vidisha in the name of "palod Auto Service". The deceased Ramswaroop started business in the name of "dholkhedi Auto Service" and the business at Basoda was done in the name of "basoda Auto Service". So far as the dealership of petrol, diesel and mobi oil is concerned, the matter was settled mutually as above. However, in relation to business of kerosene oil, defendant No. 1 renounced his rights in the kerosene business after taking consideration as agreed and the kerosene business was entrusted solely to deceased Ramswaroop Sharma. The agreement in relation to kerosene business was adopted in 1980 and the same continued upto November, 1983.