MAHENDER SINGH Vs. PARKASH

JUDGEMENT

(1.) By this common order, above captioned revision petitions arising from the same order dtd. 31/1/2024 (Annexure P-1 in CR No. 1549 of 2024 and Annexure P-5 in CR No. 3703 of 2024) passed in Civil Miscellaneous Appeal No. 82 of 2023 and Civil Miscellaneous Appeal No. 88 of 2023, involving similar facts and issues, shall be disposed of. Additionally, Civil Revision No. 1549 of 2024, challenging the order dtd. 14/7/2023 (Annexure P-10) shall also be disposed of along with this order.

(2.) For easy understanding, parties to the present revision petitions shall be referred to as per their original status before learned Trial Court and for the sake of reference, facts are being taken from CR No. 3703 of 2024.

(3.) The facts in brief are that Mahender Singh, petitioner/plaintiff instituted a Civil Suit (Annexure P-2) for rendition of account with consequential relief of permanent injunction against Pardhan Bhatha Company (defendant No. 1), a brick kiln, through its proprietor Parkash; Parkash (defendant No. 2) and Anil Kumar (defendant No. 3), raising the averments that Parkash (defendant No. 2) verbally gave the brick kiln on rent to him and Anil Kumar (defendant No. 3) from 26/11/2018 to 26/11/2023 for an amount of Rs.9.00 Lakh. In this partnership, the petitioner/plaintiff was shareholder to the extent of 40% and Anil Kumar (defendant No. 3) to the extent of 60%. Both paid the aforesaid amount to Parkash (defendant No. 2) and earned their profits in accordance with their respective shares. The agreement was reduced into writing on 14/6/2022 (Annexure P-1 in CR No. 3703 of 2024 and Annexure P-2 in CR No. 1549 of 2024), attested by a Notary Public. One of the conditions of agreement was that in case of any dispute between the partners, Parkash (defendant No. 2), the owner/proprietor of brick kiln (defendant No. 1) will have a right to take into possession the brick kiln (defendant No. 1) and all the liabilities of brick kiln (defendant No. 1) shall be discharged by the sale of the bricks; further that expenses on the settlement of disputes including police or Court cases shall be borne by Anil Kumar (defendant No. 3) from his own.