ABHISHEK BAGARIA Vs. SUSHIL KUMAR BAGARIA AND ORS.

JUDGEMENT

(1.) This appeal is against a judgment and order and decree dated 15th January, 2015 passed by the Hon'ble Single Judge dismissing the suit being C.S. No. 265 of 1992, filed by the appellant plaintiff for specific performance of Clause 27 of a Deed of Partnership dated 11th April, 1973.

(2.) Late Mohanlal Bagaria had, before his death, executed a Will dated 12th March, 1985, whereby he had appointed his wife, Smt. Bimla Bagaria, and failing her, his elder son Rajendra Bagaria, as sole executor. The said Will, inter alia provided that Mohanlal Bagaria's 25% share in the partnership firm, N.K. Bagaria & Sons, with all its assets and liabilities would, upon his death, devolve on his wife Bimla Bagaria and his four sons in equal proportion and to execute this part of the said Will, his wife and major sons would enter into partnership with the remaining partners and his minor sons would be admitted to the benefits of the business of the partnership. By an order dated 19th July, 1990 this Court granted probate of the said Will of Late Mohanlal Bagaria.

(3.) Mohanlal Bagaria, since deceased, had been carrying on business in partnership with Sushil Kumar Bagaria, Indira Kumar Bagaria and Bijay Kumar Bagaria being the defendant respondent Nos. 1, 2 and 3 under the name and style of N.K. Bagaria & Sons.