JAGDISH RAI Vs. SHIV KUMAR AND OTHERS

JUDGEMENT

(1.) Defendant no.1/appellant is in second appeal against the judgements and decrees of the courts below whereby the suit for declaration and permanent injunction filed by the respondents/plaintiffs was decreed by the trial court and in appeal filed by the defendant no.1/appellant the findings of the trial court were were affirmed.

(2.) Facts necessary for the decision of the present appeal are that plaintiffs/appellants filed a suit for declaration and permanent injunction alleging therein that plaintiffs no.1 and 2 and defendants 1 to 3 entered into a partnership at will on 8.12.1988 and a partnership deed of even date was executed by all of them and attested by two witnesses.

(3.) It was further alleged that with the mutual consent of all the executants a new partnership deed was executed on 1.4.1999 which too was signed by all the partners and two witnesses. The said partnership continued till 7.1.2002 when defendants 1 to 3 retired from the said partnership. Thereafter plaintiffs 1 and 2 took over all the assets and liability of plaintiff no.3 firm, and all the defendants being retiring partners settled all the accounts with the plaintiffs and relinquished all of their rights in land, machinery, plant and other assets of the plaintiff firm. Thus, it was alleged that plaintiffs 1 and 2 became absolute owners thereof w.e.f. 7.1.2002 and defendants had no concern of any type with the running and functioning of the firm-plaintiff no.3. It was also alleged that the plaintiff firm no.3 was registered with the Registrar of Firms and the above referred changes in the partnership was duly recorded with the Registrar of Firms. It was alleged that the defendants were illegally and forcibly interfering and obstructing the running and working of the plaintiff firm as well as in the land in dispute to which they had no right.