SARASWATI RICE AND GENERAL MILLS Vs. WAZIR CHAND

JUDGEMENT

(1.) By this judgment, two Regular Second Appeals i.e RSA3333, 3334 of 2010 shall stand disposed of.

(2.) Learned counsel appearing for the parties are ad idem that these two Regular Second Appeals can be conveniently disposed of by a common judgment.

(3.) The dispute in both the cases is with respect to land measuring 37 kanals 7 marlas in C.S. No. 210/99 of 1986 and 9 kanals 7 marlas in C.S.No.145/97. It is not in dispute that both the pieces of land were purchased by way of a registered sale deed by 4 individuals namely Wazir Chand, Jai Bhagwan, Sat Parkash and Gian Chand. Further, it is established from the record that at one stage, two marlas of land was sold by the aforesaid four individuals jointly in favour of Jai Narayan vide registered sale deed dated 24.06.1967. It is also not in dispute that one of the co-owners i.e Gian Chand was never a partner in the various partnership firms which have been referred to hereinafter. The plaintiff in both the suits claimed that the firm M/s Saraswati Rice and General Mills is the owner in possession of the land referred to above. The question which arises for consideration is whether a decree for declaration to the effect that separate immovable property of some of the partners has become the property of the partnership firm in the absence of a specific contract or any cogent evidence.