PREM CHAND AND ORS. Vs. ANKITA SONI

JUDGEMENT

(1.) THIS appeal is directed against judgment, decree dated 12.8.1996 passed by learned District Judge, Kangra at Dharamshala in Civil Appeal No. 4 -D/XIII -1996 affirming judgment, decree dated 21.6.1995 passed by learned Senior Sub Judge, Dharamshala in Civil Suit No. 163/90. The appeal was filed by Rajo Devi and Satish Kumar Soni who were defendants No. 1, 2 against Sarita Soni and Ankita Soni respondents No. 1, 2. Sarita Soni respondent No. 1 died and her name was deleted on 22.7.2009.

(2.) THE facts in brief are that Sarita Soni and respondent No. 2 had filed a suit for dissolution of partnership and rendition of accounts against Smt. Rajo Devi predecessor -in -interest of appellants 1(a) to 1(g) and Satish Kumar Soni appellant No. 2 son of Lala Prem Chand with the allegations that Ashwani Kumar Soni was sole proprietor of M/s. Un -employed Graduate Bus Service, Nagrota Bagwan, District Kangra. Ashwani Kumar Soni had died on 22.8.1989. On the death of Ashwani Kumar Soni, his estate was succeeded by Ankita Soni respondent No. 2, Sarita Soni widow and Rajo Devi, mother and predecessor -in -interest of appellants No. 1(a) to 1(g). At the time of death of Ashwani Kumar Soni M/s. Un -employed Graduate Bus Service, was having five buses. It has been alleged that no formal partnership was entered between Ankita Soni respondent No. 2, Sarita Soni and Rajo Devi but by implication of law, Ankita Soni, Sarita Soni and Rajo Devi had 1/3rd share each in the concern namely M/s. Un -employed Graduate Bus Service.

(3.) THE suit was contested by appellants by filing joint written statement. The preliminary objections of maintainability cause of action, locus standi, mis -joinder and non -joinder of parties, suit is bad for multifariousness, valuation and limitation were taken. On merits it was pleaded that bus No. HPK -3165 was disposed of by late Ashwani Kumar Soni himself on 8.8.1989, bus No. HPK -755, HPK -3365, HPK -7330 and HPK -5265 were subsequently disposed of on 1.10.1989, 16.11.1989 and 27.10.1989 and a new bus model 1989 bearing registration No. HPK -1165 was purchased and included in the M/s. Unemployed Graduate Bus Service. Sarita Soni after withdrawing marginal money of Rs. 1.20 lacs from the account in the bank and by raising loan from the bank purchased two more buses bearing registration No. 1195 and 1215 of 1990 model which were hypothecated to the bank. It was denied that power of attorneys were executed under any pressure or duress. The appellants prayed for dismissal of the suit. The replication was filed in which defence put forward by appellants was denied.