SMT. AMARJEET KAUR Vs. SMT. PROMILA DEVI

JUDGEMENT

(1.) THIS Regular First Appeal, by the Plaintiff, is directed against the judgment and decree dated 24th April, 2007, of learned District Judge, whereby her suit for recovery of a sum of Rs. 5,00,500/ -, by way of damages, has been dismissed.

(2.) PLAINTIFF filed a suit for recovery of the aforesaid amount of money against the Defendant -Respondent, namely Promila Devi, pleading that she had set up a stone -crusher on land, measuring 5 bigha 14 biswa, and that she sold that land alongwith the stone -crusher to the Defendant, for a sale consideration of Rs. 8,50,000/ -. She alleged that she had been running the stone -crusher, in partnership with one Hari Singh in the name and style of M/s Amarjeet Stone Crusher. Also, she pleaded that after the sale of land and stone -crusher, though the Defendant was authorised to run the crusher, she had no authority to use the name of her (Plaintiff's) partnership firm for running the crusher, but she had been using the said name unauthorisedly. She claimed special damages to the tune of Rs. 3,50,000/ - and general damages to the tune of Rs. 1,50,500/ -.

(3.) TRIAL Court framed the following issues, on the pleadings of the parties: