M/S GUPTA OIL STORE, LADWA THROUGH ITS PARTNERS Vs. M/S HINDUSTAN PETROLEUM CORPORATION LTD. AND OTHERS

JUDGEMENT

(1.) This appeal has been filed against the judgments and decrees dated 26.8.2000 and 15.6.2001 passed by Civil Judge (Junior Division), Kurukshetra ( hereinafter referred to as 'the trial Court') and District Judge, Kurukshetra (hereinafter described as 'the lower Appellate Court'), respectively.

(2.) A suit for mandatory injunction was filed in the trial Court by M/s Gupta Oil Store, Ladwa (the appellant) through Om Parkash against M/S Hindustan Petroleum Corporation Ltd. (hereinafter described as 'the Corporation'), Kapoor Chand (predecessor-in-interest of respondent nos. 2 to 8 in this appeal) and Purshotam Lal. Om Parkash claimed that it was a partnership firm and he was one of the partners. Kapoor Chand and Purshotam Lal were stated to be other partners of the firm in equal shares along with Om Parkash. The character of the firm was stated to be Joint Hindu Family firm. It was averred that the firm had been running oil business since 8.10.1960. Prior to this, all the three persons, namely, Om Parkash, Kapoor Chand and Purshotam Lal were claimed to have been doing the business in the name and style of M/s Lakhi Ram Sadhu Ram. It was further averred that the firm was desirous of setting up of a petrol pump and for this purpose, some land was obtained on lease which was jointly owned and possessed by Smt. Darshni Devi wife of Om Parkash and Smt. Shakuntala Devi wife of Kapoor Chand. A petrol pump was accordingly set up after completing all the formalities and the petroleum products were being sold by the firm under the name and style of M/S Gupta Oil Store, Ladwa. It was alleged that after in the month of April, 1984, Kapoor Chand turned hostile and allegedly obtained a lease of some property with a view to shift the petrol pump run by the firm to the new place by excluding Om Parkash and Purshotam Lal from the joint venture. When Om Parkash came to know about this, he filed suit on 27.6.1985 in the name of Joint Hindu Family Firm M/s Gupta Oil Store, Ladwa against Kapoor Chand, Purshotam Dass and two others for permanent injunction restraining the respondents from shifting the oil business from the present place to any new place (That suit was, however, dismissed on 23.1.1995). Om Parkash also wrote to the Corporation to continue the supply of petroleum products to the firm and not to recognise Kapoor Chand as the sole partner of the dealership, but to no avail and hence, the instant suit was filed on 2.5.1986 praying that the Corporation be directed to re-commission the outlet in the name of the firm and to supply oil products to it.

(3.) The Corporation contested the claim of the appellant and stated that there was no privity of contract between it and the appellant and in fact, Kapoor Chand was its dealer and M/S Gupta Oil Store was never appointed as such.