MATHRA SINGH Vs. ARJAN SINGH

JUDGEMENT

(1.) This second appeal has been filed by the plaintiffs against the judgment and decree of the Additional District Judge, Gurdaspur, dated Dec. 11, 1967.

(2.) Briefly the facts are that Mathra Singh, plaintiff No. 1 and defendant nos. 1 to 13 were partners in an ice factory, known as Modern Ice Factory, at Gurdaspur. Arjan Singh, defendant No. 1 and Hakam Singh, defendant No. 8, were running the factory on behalf of the partners till 1955. Thereafter it was taken by Gurbachan Singh, defendant No. 10 and Kesar Singh, defendant No. 5, who ran it for about one year. It is alleged that they were of the opinion that the business could not be run profitably. They, in 1956, gave it on lease in favour of Hardev Sahai and Amolak Raj, defendants Nos. 14 and 15, employees of Bakhshish Singh, plaintiff No. 2, for a period of one year on a rent of Rs. 3,900. It is further alleged that the said defendants were in possession of the factory and were running the same. The case of Bakhshish Singh is that the said defendants were holding leasehold rights as Benamidars for him as he had provided the entire investment for running the business.

(3.) From 1956 to 1960, defendants Nos. 14 and 15 purchased the share of Mohinder Singh, Ram Singh, Gurbachan Singh, Harbans Lal, Kesar Singh and Nanak Singh and got them transferred either in their respective wives, Smt. Mansa Devi, defendant No. 16 and Smt. Satwati, defendant No. 17. Plaintiff No. 2 claims that purchase money for the abovesaid shares was paid either out of the business of the factory or from his funds in the hands of defendants Nos. 14 and 15 an, therefore, he was the real owner of the same and defendants Nos. 14 to 17 were Benamidars. Plaintiff No. 2 also purchased 5/64th share in the ice factory from plaintiff No. 1 vide sale deed dated Oct. 19, 1963 and thus became partner with regard to 30/64th share in it.