JASBIR SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) The plaintiff is in second appeal.

(2.) The plaintiff filed suit seeking decree of declaration to the effect that he is entitled to be admitted as partner in the partnership business of M/s Harnam Singh Mohinder Singh and M/s H.M. Autos, Mandi Gurdaspur with effect from 1/4/1988. He further sought decree of mandatory injunction seeking direction to the defendant to execute fresh partnership deed qua the said two firms as per the terms of the agreement dtd. 14/1/1988 treating the plaintiff as partner, in both firms. In the alternative, the plaintiff sought rendition of accounts in respect of firm M/s Harnam Singh Mohinder Singh Indian Oil Dealers, Mandi, Gurdaspur from the date of death of Harnam Singh i.e. 23/3/1988 till date.

(3.) As per the plaintiff, the defendant, his brother and their father namely Harnam Singh were partners in the business working under the name and style of M/s Harnam Singh Mohinder Singh Indian Oil Dealers, Mandi, Gurdaspur. Harnam Singh died on 23/3/1988. Another firm working under the name and style of M/s H.M. Autos, Mandi Gurdaspur is dealing in sale of spare parts and other accessories. In the said firm, Narinder Singh son of the defendant is partner having 1/2 share. On the death of Harnam Singh, partnership concern M/s Harnam Singh Mohinder Singh came to an end. The plaintiff claimed that prior thereto on 14/1/1988, the defendant entered into an agreement with the plaintiff regarding M/s Harnam Singh Mohinder Singh and M/s H.M. Autos agreeing to admit the plaintiff as partner in respect of 1/2 share in the said firms with effect from 1/4/1988. It was agreed by way of agreement that old partnership deeds pertaining to M/s Harnam Singh Mohinder Singh and M/s H.M. Autos shall be cancelled and fresh partnership deeds will be executed between the plaintiff and the defendant and that the plaintiff shall be deemed to be partner in the account books with effect from 1/4/1988.