MOOL CHAND WASAKHI RAM Vs. TOLA RAM SUBA

JUDGEMENT

(1.) This second appeal is directed against the concurrent decision of the Courts below dismissing the plaintiff's suit for recovery of Rs. 1800/-.

(2.) In order to appreciate the entire controversy it is necessary to set out the facts in considerable detail. Mool Chand and his son Atam Parkash and Tola Ram and his son Dilbagh Rai were partners in a cycle shop situated at 12-Esplanade Road, Delhi. For the sake of convenience the names of the sons will be omitted henceforth. Plaintiff Mool Chand brought a suit for dissolution of partnership and for rendition of accounts against Tola Ram. In this suit, Mr. Naunit Rai, Advocate was appointed as an arbitrator. He gave his award on the 17th December, 1951. The relevant part of the award is as below :

(3.) There were objections to the award and before the award was made a rule of the Court, the landlords of the premises, which term will connote the Red Ford Authorities and the Sabz and Company, claimed the arrears of rent from Mool Chand by a suit. This suit was settled by Mool Chand. It may be mentioned that the suit was filed by Sabz and Company. On the 18th of February, 1953, a sum of Rs. 1340/-was paid by Mool Chand vide Exhibit P. 4 to Sabz and Company. On the 29th July, 1953, a decree in terms of the award was passed by the Court in which the suit for dissolution of partnership and for rendition of accounts was pending. This decree modified the award to a certain extent and, therefore, it is necessary to set out the operative part of the decree, Exhibit P-12, which is in these terms: