GURDIP KAUR Vs. JASWANT KAUR VIRK

JUDGEMENT

(1.) THE findings of two Courts below are being assailed on the ground that the plaintiff could not seek winding up of partnership business and pray for the recovery of amount on basis of partnership deed dated 14.6.1988 on the following grounds :- a) That the partnership deed was not registered; b) That suit was barred by limitation; c) That ingredients of Section 4 and 6 of the Partnership Act, 1932 are lacking and, therefore, partnership could not be invoked.

(2.) TWO Courts below have taken the evidence of DW.2 Makhan Singh, husband of defendant No. 2 into consideration that he had admitted execution of partnership deed Ex.P2 in cross-examination. The Courts further held that rent petition was filed by the plaintiff and, therefore, two cheques amounting to Rs. 20,000/- and Rs. 5,000/- have been paid as compensation for the existing balance in the nursery. Claim of the plaintiff was that she is to be paid as per partnership deed upto March 1990 or till the land was actually acquired by the Government. It is not disputed that the possession of the land has been taken by the Government in the year 2007. Having noticed the contention of learned counsel for the appellant/defendant in the present regular second appeal, it will be apposite here to notice brief facts of the case.

(3.) THAT however, party No.1 shall be entitled to have lump sum amount on monthly basis, to be her share out of the said business, in the manner hereunder mentioned. a) Rs. 1750/- per month for the Ist year (1.7.88 to 30.6.8 b) Rs. 2000/- per month for the next two years (1.7.89 to 30.6.9. c) Rs. 2500/- per month for the next two years (1.7.91 to 30. d) Rs. 3000/- per month for the next two years (1.7.93 to 30.6.9) It is specifically mentioned that party No. 1 shall be entitled to this payment of monthly amount indicated above, whether the business is run at a profit or loss, b the 2nd party.