BHARAT BHUSHAN RAI Vs. SUNDER LAL

JUDGEMENT

(1.) This is a plaintiff's appeal against an appellate decree of the Senior Subordinate Judge of Karnal confirming the decree of the trial court dismissing the suit for a permanent injunction.

(2.) On the 2nd October, 1946 four persons, the plaintiff Pt. Sundar Lal, Hukam Chand and Lt. Gulzari Lal entered into an agreement of partnership which recited that they had taken a piece of Land from Babu Devki Nandan and from the plaintiff Bharat Bhushan Rai a piece of land on which a cinema building was to be constructed. There are then several clauses of the partnership agreement. The 13th clause, when translated, would run as follows :-

(3.) The piece of land which was taken on rent from the plaintiff is shown as BCDE in plan Exh. P.1 and the area in dispute is shown A B E F. Defendants started some construction on the area ABEF and on the 28th of July, 1947 the plaintiff gave to the defendants a notice asking them not to build, but no reply was given by the defendants. Parties are not in accord as to when the building which is now in dispute was finished.