CHIRANJIT LAL SAHNI Vs. SUDERSHAN KUMARI

JUDGEMENT

(1.) PLAINTIFF -appellant filed a suit for dissolution of partnership and for rendition of accounts against the legal heirs of late Shri Sudhir Sundra and Shri Gian Sundra. The case set up by him was as under:-

(2.) PLAINTIFF had entered into a partnership with late Sudhir Sundra on 14.12.1964 in the name and style of Ram Chander and Sons (Gas Division). The said firm applied for the Agency of Burshane Gas to M/s. Burmah Shell Oil Storage Distribution Company, New Delhi and the Agency was duly allotted to it. As per the partnership deed dated 14.12.1964 (Exh. P-19) entered into between the plaintiff and Sudhir Sundra, the firm was to deal in the sale of Burshane Gas and allied products connected with it. Both the partners were to invest equally and were entitled to share the profits and losses equally. This business was carried on by the firm till end of 1969 and the plaintiff had been dealing with M/s Burmah Shell Company in respect of the said Agency as a partner and also operating the bank accounts of the firm. In the end of 1969, late Sudhir Sundra approached the plaintiff with a proposal that the partnership be dissolved and the Gas Agency be allowed to be retained by him in his personal name. This proposal was not accepted by the plaintiff. Plaintiff also did not agree for amendment in the partnership deed dated 14.12.1964. In the year 1970, the Indian Oil Corporation Limited which was also impleaded as a defendant, took over the Burshane Gas Agency from BurmahShell and started supplying L.P.G. in the brand name of Indane through the Agencies of the same Distributors as had been appointed by Burmah Shell Company. late Sudhir Sundra informed the plaintiff that the Agency of Indane Gas has been taken in the name of their firm-M/s. Ram Chander and Sons (Gas Division) as it was incumbent upon the Indian Oil Corporation Limited to give it to the same distributors who were earlier supplying Burshane Gas. He was also informed by Sudhir Sundra that necessary formalities of agreement with Indian Oil Corporation had also been completed. The plaintiff, therefore, honestly believed that the business of distribution of Indane Gas was being carried out by the firm-M/s. Ram Chander and Sons (Gas Division) of which he was a partner. The plaintiff was actively and diligently involved in the said business from April, 1970, onwards. In March, 1972, late Sudhir Sundra started declaring that he was sole proprietor of the firm-M/s. Ram Chander and Sons (Gas Division) and asked the plaintiff not to visit the premises of the firm. It is, then, that the plaintiff demanded rendition of accounts of the said firm and also pressed for dissolution of the firm. According to him, the partnership constituted M/s. Ram Chander and Sons (Gas Division) entered into vide partnership deed dated 14.12.1964 continued to be in existence and was carrying on the business of distribution of Indane Gas even after 31.3.1970 and, thus, he was entitled to his share of profits in the same. He further alleged that under these circumstances, he did not want to continue in the said partnership firm and wanted its dissolution.

(3.) INDIAN Oil Corporation Limited which had been impleaded as defendant No. 6, also filed a separate written statement in which it was pointed out that M/s. Ram Chander and Sons, the partnership firm constituted by Sudhir Sundra and Gian Sundra, had been appointed distributors for the products of L.P.G. at Chandigarh on 20.1.1970 and that no other person except the above said partners of the firm-M/s. Ram Chander and Sons had any interest or right in the distributorship.