PRAVUDAYAL AGARWALA Vs. RAMKUMAR AGARWALA

JUDGEMENT

(1.) The plaintiff respondent filed the suit out of which this appeal arises praying for specific performance of a contract, in the alternative for declaration of title in respect of certain lands the plaintiff and the defendants being partners, or for damages and certain other reliefs. The learned Subordinate Judge decreed the suit in part in a preliminary form holding inter alia that the plaintiff was entitled to damages which were to be determined in the manner indicated in the judgment.

(2.) The defendant 1 has preferred this appeal and it has been maintained that the plaintiff was not entitled to any relief. The plaintiff has also preferred a cross objection claiming a larger amount of compensation than what has been allowed.

(3.) Prabhudayal Agarwalla defendant 1 had been trying to 'obtain settlement from the khas Mahal department of the Government a plot of land for starting a rice mill at Alipore Duars in the district of Jalpaiguri. Other parties also entered into competition for obtaining the said plot. The plaintiff was one of those who also attempted to obtain settlement. To avoid competition among themselves an agreement was executed on 25-8-1945 between the plaintiff Ramkumar and the defendant Prabhudayal and Maidhan. They agreed that Prabhudayal alone would submit tenders for the settlement of the plot in question and such offer will be deemed to be on behalf of all three. Prabhudayal would be merely a benamdar for three of them and they as partners were to contribute their shares of capital within one month from the date of the execution of the Pattah to be obtained from the Government; a regular deed of partnership for the business including the right over the land to be executed by them. Prabhudayal would have a 7 annas share and the other two would have 41/2 annas share each.