JAGADAMBA SINGH Vs. KALAWATI DEVI AND ORS.

JUDGEMENT

(1.) This second appeal, at the instance of a defendant, is directed against the judgment and decree dated December 15, 2009 passed by the learned Additional District Judge, 1st Court, Howrah in Title Appeal no. 69 of 2010 affirming the judgment and decree passed the learned Civil Judge, (Junior Division), 3rd Court, Howrah in Title Suit No. 193 of 2003.

(2.) The respondent nos. 1 and 2 in this appeal filed the title suit against the sole defendant, being the appellant in this appeal, but, subsequently added some other defendants without claiming any relief against them. The said added defendants are the proforma respondent nos. 3 to 5 in this appeal but any reference to them is not required in this appeal. For the sake of convenience, the parties are referred to in this judgment as per their array in the trial Court.

(3.) In the title suit, the plaintiffs claimed declarations that they are the partners of the partnership firm namely 'Rishav Builders' described in schedule "A" to the plaint, (hereinafter referred to as "the partnership firm") in respect of premises no. 16A, Round Tank Lane, Ramkrishnapur, Howrah, described in schedule "B" to the plaint (hereinafter referred to as "the suit property") and that the resolution of minutes of the partnership firm dated April 07, 2002 in respect of the suit property is binding upon the defendant and a decree for permanent injunction restraining the defendant from claiming any share towards the profits of the partnership firm in respect of the suit property.