MOKSH LATA Vs. MANOHAR LAL SOOD

JUDGEMENT

(1.) The present second appeal arises from a long-standing dispute within a family partnership. The appellant before this Court, Smt. Moksh Lata, was defendant No.1 in the suit instituted by her brother-in-law - the plaintiff, namely, late Shri Manohar Lal Sood. The litigation revolves around the dissolution of the partnership firm M/s Shankar Dass & Sons, and the consequential rights of the partners over the properties and accounts of that firm.

(2.) Photocopy of the Trial Court report has been received and per-used with the able assistance provided by counsel from both the sides. In order to avoid confusion, parties shall be referred as per their status before the Trial Court.

(3.) Plaintiff's Case: According to the plaintiff, the firm, which dealt in van and baggage material, operated from two premises in Hoshiarpur. A formal partnership deed had been executed on 1/4/2002, constituting the plaintiff, defendant No.1 (the present appellant), and defendant No.2 Sunita Devi as equal partners. The firm owned considerable immovable property, including land measuring 6 kanal 14 marla, comprising shops, sheds and courtyards. The plaintiff asserted that due to advancing age, he had entrusted day-to-day management with the appellant, even providing her with some blank signed cheques for business use. However, relations soured in August 2008. The plaintiff alleged that the appellant, along with her son, misused the blank cheques, fabricated transactions, caused their dishonour, and then instituted false complaints under Sec. 138 of the Negotiable Instruments Act. He further alleged that they attempted to manipulate the firm structure, including obtaining VAT registration for a fictitious concern using the firm's premises.