BIPUL CHANDRA DAS Vs. RAKHI ACHARJEE

JUDGEMENT

(1.) This appeal is filed by the original plaintiffs challenging the judgment dated 16th January, 2015 passed by the learned Civil Judge (Junior Division), Kailashahar, as confirmed by the first appellate Court (learned Additional District Judge, Unakoti, Kailashahar) under a judgment dated 18th December, 2015. While admitting the appeal, this Court had framed following substantial questions of law :

(2.) The plaintiffs had filed the said suit contending that under a deed dated 14th May, 2001 a partnership in the name of M/s. Ramthakur Travels was constituted between the plaintiffs and the defendant No.1. The firm raised personal loans and also borrowed money from defendant No.4 State Bank of India and purchased a Commander Jeep for plying on rent. According to the plaintiffs, the defendant No.1 on the basis of power of attorney executed in her favour took the possession of the vehicle and started running it by employing a driver. She refused to give accounts to the other partners. The defendant No.1 did not deposit any amount with the Bank. As a result, the Bank outstanding dues kept mounting. On 12th February, 2004 the plaintiffs and the defendant No.1 made an arrangement with defendants No.2 and 3 i.e. Tripura Motor Shramik Union and its Branch respectively, as per which the vehicle would remain in the custody of defendants No.2 and 3 and the said defendants would clear the Bank dues and also maintain the vehicle in proper condition. According to the plaintiffs, therefore, the said defendants No.2 and 3 were also liable to submit their proper account of the income generated and also to return the vehicle.

(3.) On the basis of such pleadings, the plaintiffs had prayed for following reliefs in the said suit :