HEM CHANDRA Vs. OM PROKASH

JUDGEMENT

(1.) This appeal is directed against the judgement and decree of Mrs. Padma Khastgir, J. dt.31st August, 1983. Shorn of unnecessary details the relevant facts of the instant case are as follows : The respondent Om Prakash Gupta as plaintiff filed Suit No. 728 of 1980 (Om Prakash Gupta v. Hem Chandra Gupta) against the appellant Hem Chandra Gupta for a declaration that the appellant and the respondent were entitled equal one half share in the premises No. 37A, Tarachand Dutt Street, Calcutta (hereinafter referred to as 'the said premises'); partition of the said premises by metes and bounds in accordance with the draft deed or plan as approved by the parties and/or in such manner as to this Court might deem fit and proper and for other consequential reliefs.

(2.) The respondent's case as made out in his plaint was that at all material times the parties to the suit were co-partners having equal shares in the firm of 'Hem Chandra Om Prokash' carrying on business at No. 37A Tarachand Dutt Street, Calcutta. The said premises No. 37A, Tara Chand Dutta Street. Calcutta was purchased by the parties for a sum of Rs. 43,000/- in their said firm name at a Court sale held by the Registrar, Original Side of this High Court on 6th July, 1957. The Sale Certificate in respect of the said sale was issued on 24th Sept. 1957 in the name of the said firm of 'Hem Chandra Om Prokash'.

(3.) In the year 1978 being desirous of having the said property partitioned between the parties, the appellant caused a partition deed drawn and/or prepared and submitted the same to the respondent for his approval, The respondent in his turn broadly approved the said draft deed for all practical purposes but added a few suggestions. Inasmuch as the appellant refused to amicably partition the property the present suit had been filed by the respondent for partition and necessary reliefs as stated hereinbefore.