ASHOK KUMAR Vs. MOTI RAM

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 12.4.1994 passed by the learned Additional District Judge, Jind, in Civil Appeal No. 240 of 20.10.1993, vide which while reversing the judgment and decree dated 31.8.1993 passed by the learned trial Court, suit filed by the plaintiff-appellant herein was ordered to be dismissed.

(2.) THE appellant-plaintiffs filed a suit for permanent injunction alleging that Ashok Kumar was a partner of M/s. Kali Ram Suresh Kumar, Safidon, and in the said firm, the other partners were Satish Kumar and Veena Gupta, who retired from the said firm on 31st March, 1984. As a result of the said withdrawal, the firm stood dissolved and Ashok Kumar alone took all the assets and liabilities of the said firm and thereafter constituted a new partnership firm under the name and style of M/s. Kali Ram Ashok Kumar after inducting Naresh Kumar and Bimla Devi as its new partners on 2.4.1984. The said new firm was registered with the Registrar of Firms, Haryana, Chandigarh.

(3.) IT was the case of the plaintiffs that they used to pay a sum of Rs. 675/- annually as rent to Moti Ram including share of Chalti Devi, as Moti Ram was her Mukhtiar-e-am and the remaining amount of Rs. 225/- used to be paid to Smt. Kailash Devi. Subsequently Sarvshri Moti Ram and Prem Chand became owners of the entire shop in a partition suit and therefore, they started giving threats of forcible dispossession of the appellant-plaintiffs without resorting to the provisions of Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the 'Act').