SARASWATI RICE AND GENERAL MILLS Vs. WAZIR CHAND

JUDGEMENT

(1.) FIRM M/s. Saraswati Rice and General Mills, Ladwa Road, Pipli registered under the Indian Partnership Act with the Registrar of the Firms through its partner Shri Jatinder Kumar son of Shri Kanshi Ram instituted suit for declaration against Wazir Chand, Anshi Lal sons of Hardyal, Jai Bhagwan son of Jagat Ram and Kanchi Ram son of Hari Chand to the effect that the plaintiff firm is owner in possession of land measuring 37 kanal 3 marlas and that the defendants are lying shown in the revenue record wrongly.

(2.) IT is alleged in the plaint that in the plaintiff-firm the partners are Jatinder Kumar, Brij Lal, Ravinder Kumar sons of Kanshi Ram. Land measuring 37 kanal 3 marla was initially owned by Wazir Chand and Anshi Lal. Kanshi Ram, Sat Parkash and Jai Bhagwan purchased share from Wazir Chand and Anshi Lal. After purchase, Wazir Chand, Anshi Lal, Kanshi Ram, Jai Bhagwan and Sat Parkash became owners and their shares were as follows :-

(3.) PARTNERSHIP deed executed between the partners of M/s. Wazir Chand Jai Bhagwan was reconstituted. In the year 1976 the firm M/s. Wazir Chand Jai Bhagwan was dissolved and the assets of the firm including the land aforesaid fell to the share of Kanshi Ram and Kanshi Ram became absolute owner of the sheller as well as the aforesaid land. Defendants tried to dispossess the plaintiff-firm from this land asserting that they are still owners of the land the same is shown as owned by the defendants in the revenue record wrongly. Defendants 1 to 4 admitted the claim of the plaintiffs in the written statement. They made statement on 10.5.88 also admitting the claim of the plaintiffs. Plaintiffs made an application under Order 12 Rule 6 CPC whereby they prayed that their suit be decreed against defendants 1 to 4 in view of the admission of their claim by them in their written statement plus the admission of their claim by them in the statement made by them before the court on 10.5.88.