SHARMA TEXTILE AND GENERAL INDUSTRIES Vs. PEHLAD SINGH

JUDGEMENT

(1.) This order of mine shall dispose of two regular second appeals bearing RSA No.1382 of 1990 titled as "Parkash Chand (D) through LRs and another V/s Pehlad Singh and another" arising out of the decision rendered in Civil Suit No.214 of 1983 seeking declaration and permanent injunction (hereinafter called 'first suit') and RSA No.1381 of 1990 titled as "M/s Sharma Textile and General Industires and others V/s Pehlad Singh and others" arising out of the Civil Suit No.104 of 1984 (hereinafter called 'second suit'), claiming dissolution of partnership and rendition of accounts.

(2.) In the first suit, the plaintiff-Pehlad Singh sought declaration and permanent injunction claiming to be owner in possession to the extent of 2/3rd share in the land comprising Killa No.30/12 and 1/3 rd in the land comprising Killa No.30/19. It was alleged that Deep Chand, father of the plaintiffs and defendant Nos.1 and 2, sons of Deep Chand, was owner in possession of the property as described in para Nos.2(i), 2(ii) and 2(iii) of the plaint, i.e. agricultural land comprised in Khewat No.37, Khatoni No.73 min, Rect. And Killa No.30/19 (8-0) and half share in agricultural land comprised in Khewat No.38, Khatoni No.76, Rect. And Killa No.30/12 (8-0), situated in the revenue estate of Village Kundli, 1/6 th share measuring 79 kanals 9 marlas comprised in Khewat No.318, Khatoni No.488, situated in the revenue estate of Village Nangal Kalan as well as immovable property consisting of residential house, situated in Village Nangal Kalan. He was in sound-disposing mind and executed a last Will dtd. 19/7/1882 bequeathing agricultural land situated in Village Kundli, Tehsil and District Sonipat, to plaintiff and defendant Nos.1 and 2 in equal shares and house property situated in Village Nangal Kalan, was bequeathed to the plaintiff, whereas the agricultural land situated in Village Nangal Kalan were bequeathed to his wife/defendant No.3 as well as house property, described, therein.

(3.) Defendant Nos.1 and 2/appellants opposed the suit while admitting that Deep Chand, their father, died on 18/8/1982, but asserted that the plaintiff was recorded owner to the extent of half share in Killa No.30/12 and Deep Chand was a partner in firm-M/s Sharma Textile and General Industries, along with defendant Nos.1 and 2. Vide dissolution deed dtd. 31/7/1982, Deep Chand had retired from the partnership and gave the land to the said firm, which was confirmed by a decree of civil court dtd. 18/8/1982. It was further clarified that the plaintiff was also a partner in the aforementioned firm along with Deep Chand and defendant Nos.1 and 2, but he retired vide dissolution deed dtd. 1/4/1981 The plaintiff transferred his share in the above land to M/s Sharma Textile and General Industries and in such circumstances, the firm became the owner in possession of both the killas, described in paragraph 2(i) of the plaint. The firm filed a civil suit for permanent injunction against Pehlad Singh-plaintiff and he was restrained from interfering into peaceful possession.