BHAGAT SINGH Vs. PRITAM SINGH

JUDGEMENT

(1.) THIS is defendant's second appeal against the judgment and decree of the Additional District Judge whereby the appeal filed by the plaintiff was accepted thereby decreeing their suit.

(2.) IT is the case of the plaintiffs that they were Partners in M/s Manku Foundry Works having 4/7th share and the remaining 3/7th share was of the defendants. This partnership was dissolved on 31.3.1969 vide dissolution deed of the same date. Accordingly, the plaintiffs retired from the partnership and the partnership business was exclusively taken over by the defendants. It is further the case of the plaintiffs that assets of the partnership business were actually divided between the two branches of the partnership representing plaintiffs and defendants. There was a difference of price of two lots allotted to each branch and so Phuman Singh representing the defendants agreed to pay a sum of Rs. 3,5000/ - in cash to Maluk Singh representing the plaintiffs so as to make up the difference of price of machinery and the accessories allotted to them. It was also agreed that the 'Kapas Belini' would remain joint as before and the same has now been used by the defendants. The plaintiffs thus claimed a sum of Rs. 3,500/ - as admitted by the defendants and their share in 'Kapas Belni' valued at Rs. 571.43. Since the defendants refused to accept the claim of the plaintiffs, hence the suit.

(3.) WHETHER there was any agreement between the parties dated 7.4.1969 and what were its terms ?