BHAI SIRI RAM SINGH Vs. S SANTOKH SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment of a learned Single Judge of this court in R. S. A. No. 288 of 1956, whereby he allowed the appeal and reversing the judgment and decree of the learned District Judge restored that of the Court of first instance. Facts giving rise to the dispute briefly stated are that Bhai Siri Ram singh plaintiff (respondent in this appeal) instituted a suit on 10th of August, 1949, for rendition of accounts of the dissolved partnership and for recovery of the amount which may be found due to him from his partner S. Santokh Singh defendant. The parties are admittedly related to each other. According to the plaintiff's allegation they were doing business of agricultural fanning in partnership in Khamgarh and Sadiq Nagar in Bahawalpur State, now in Pakistan. They obtained on lease from Messrs Panju Mal Khazan Chand 70 squares of agricultural land in Chak Mohd Amir pucca in the same State, in December 1941, for cultivating it in partnership till Rabi 1944, on certain terms. During the continuation of this partnership a sum of Rs. 5,000/-was paid by S. Santokh Singh defendant to Bhai Siri Ram Singh plaintiff on 2nd December, 1942, towards part payment of the plaintiff's share of the profits but no accounts were ever rendered by the defendant. As the entire income had been received by the defendant and as in spite of repeated demands he never cared to render full account of the income realized by him and of the expenses incurred, the plaintiff was compelled as a last resort to file the present suit.

(2.) THE defendant resisted the suit questioning the jurisdiction of the Court and also pleading time bar. The allegation of partnership in respect of the lease in chak pucca was also denied. The plaintiff, according to the defendant, was to be given profit as bonus for his work as a supervisor.

(3.) THE pleadings of the parties gave rise to the following issues:-