DWIJENDRA NATH Vs. RABINDRA NATH

JUDGEMENT

(1.) This appeal arises out of a judgement and decree passed by the trial Court. On 15th Dec., 1979 a suit (T.S. No. 2256 of 1979) was filed by one Rabindra Nath Chatterjee against Dwijendra Nath Mullick and Subrata Mullick in the City Civil Court at Calcutta for the following relief :

(2.) On 11th April, 1980, the suit in the High Court at Calcutta was instituted by the appellants herein making similar prayer. In 1982 the respondents' suit in the City Civil Court at Calcutta being Title Suit No. 2256 of 1979 was transferred to this Court and marked as Extraordinary Suit No. 12 of 1982. Both the suits were heard together and the learned trial Judge delivered the judgement on 15th June, 1984. Being aggrieved by the same this appeal was preferred on 6th July, 1984. FACTS :

(3.) The facts of this case, as they are relevant for the purpose of the decision herein, are as follows : "One Gour Chandra Chattopadhyaya has been for a period of two years prior to 25th April, 1955, carrying on business in Dasakarma goods and articles as the sole proprietor under the name and style of "New Dasakarma Bhandar". By a deed of partnership dt. 25th April, 1955, entered into by and between Gour Chandra Chattopadhyaya and Srimati Satyabhama Mullick a partnership business was brought into effect to be carried on under the name and style of 'New Dasakanna Bhandar'. Thereafter a suit was filed by Smt. Satyabhama Mullick against the said Gour Chandra Chattopadhyaya being Suit No. 793 of 1965 in the High Court at Calcutta, inter alia, for the dissolution of partnership and for certain reliefs in respect of the said partnership business. A terms of settlement filed in the said suit wherein it was, inter alia, recorded that the said partnership stood dissolved with effect from 14th April, 1965 and that the accounts between the parties had been settled and adjusted. On 27th May, 1965, a new partnership agreement was entered into by and between Bansi Badan Mullick and Gour Chandra Chatterjee wherein it was stated that the previous partnership business was actually carried on by Bansi Badan Mullick in the benami of his wife Satyabhama Mullick with the said Gour Chandra Chatterjee. A new partnership business was started jointly by Bansi Badan Mullick and Gour Chandra Chatterjee on certain terms and conditions. It is to be pointed out that this partnership was duly registered. On 6th July, 1972, Gour Chandra Chatterjee father of the respondents, died. On 8th Sept., 1972 a new partnership deed was entered into between Bansi Badan Mullick, father of the appellants and the respondent No. 1 Rabindra Nath Chatterjee for carrying on partnership business under the same' name and style 'New Dasakarma Bhandar' on similar terms and conditions. This partnership was also registered. On 12th Aug., 1979, Bansi Badan Mullick dissolved the partnership firm by a notice with effect from 18th Aug., 1979 and on 18th Aug., 1979, a suit being suit No. 624 of 1979 was instituted by Bansi Badan Mullick in this High Court as already stated. Ultimately in the suit only three issues were left to be decided which are as follows :