MANGAT RAI Vs. RAM LAL GUPTA

JUDGEMENT

(1.) THIS order shall dispose of seven connected matters bearing Criminal Misc. Nos. 5771-M, 6274-M, 6276-M, 6278-M, 6280-M, 6282-M and 6284-M of 1992 as the litigation is between the same parties and point involved in all the matters is also the same. The facts have, however, been extracted from Crl. Misc. No. 5771-M of 1992.

(2.) BRIEF facts of the case are that an unregistered firm M/s. Gupta and Company, Bazar Bansanwala, Jalandhar, was in existence prior to 1959. Petitioner is admittedly the partner of the said firm. One Sat Pal also joined the firm as a partner. The third partner was Ram Lal Gupta, complainant-respondent herein. The main business of the firm consisting of three partners aforesaid was purchase of compensation claims from displaced persons, who had migrated to India from the areas now forming part of Pakistan. After purchasing the verified claim of displaced persons with regard to property abandoned by them in Pakistan, they would sell the same when it was actually allotted to the displaced persons. In this course of business the claimant would execute general power of attorney and an agreement to sell in favour of either of the partners or all the partners of the firm.

(3.) LEARNED counsel for the petitioners vehemently contends that the complaint which had been filed after about a period of 30 years from the agreements of sale, all the agreements being between 1959 to 1965 and with regard to which sale deeds were executed between 1990 and 1991, were devoid of merit in view of the Civil Court holding therein that all the partners including the petitioner were individually entitled to sell the properties allotted to displaced persons. It is, thus, argued that after having lost the battle before civil Court, the complainant has only one motive and, that it is to harass the petitioner.