KANWALJIT SINGH Vs. JARNAIL SINGH

JUDGEMENT

(1.) THE defendant is in second appeal aggrieved against the preliminary decree passed by the Courts below arising out of a suit for rendition of accounts and for mandatory injunction.

(2.) THE plaintiff-respondents filed the suit aforesaid alleging that plaintiffs No. 1 and 2 and defendant executed a deed of partnership at Will on 1.4.1983 for running the business of Pharmaceuticals/Chemists under the name and style of M/s Indian Drug Store. The principal place of business of the firm was C- 657, G.T. Road, Karnal, a building owned by Ranjit Singh plaintiff No. 3. It was agreed between the parties under the partnership deed that in case the firm was dissolved or the business of the firm is discontinued, the tenancy rights and the right to occupy the property were to vest in plaintiff No. 2. It is the case set up by the plaintiffs that plaintiff No. 2 has served a notice under Section 43 of the Indian Partnership Act, 1932 (hereinafter to be referred as "the Act") to the defendant on 11.9.1987 which was duly served upon the defendant on 15.09.1987 whereby the defendant was duly informed that the said firm has been dissolved w.e.f. 15.10.1987. It was also pleaded that the said premises was given to the firm as a licensee. It was pleaded that since the firm stands dissolved, the licence has been revoked and it ceases to operate and, thus, plaintiffs No. 2 and 3 are entitled to restoration of vacant possession of the premises No. C-657, G.T. Road, Karnal.

(3.) THE learned trial Court decided Issues No. 1, 2 and 3 together being inter-linked and held that the partnership was dissolved by legal notice Exhibit P-3 dated 11.09.1987 which was served upon the defendant on 15.09.1987 and resultantly a preliminary decree for rendition of accounts for the periods 1.4.1983 to 15.10.1987 was passed holding plaintiff No. 1 having 50% share whereas plaintiff No. 2 having 10% share and defendant having 30% share in the firm. Still further, in view of the undisputed partnership deed dated 1.4.1983, the defendant was directed to put plaintiff No. 2 in immediate possession of premises No. C-657, G.T. Road, Karnal relying upon judgment reported as Giani Ram v. Munshi Ram and others, (1965)67 Punjab Law Reporter 951. The appeal against the judgment of the trial Court was dismissed.