BENGALI SINGH @ SATYANARAYAN SINGH Vs. GIRIJA SINGH

JUDGEMENT

(1.) THE defendants-appellants appellants have filed this second appeal against the Judgment and Decree dated 01.02.1986 passed by the learned 8 th Addl. District Judge, Rohtas at Sasaram in title appeal No.78 of 1981 / 1 of 1983 whereby the lower appellate Court dismissed the appeal and thereby confirmed the Judgment and Decree dated 18.8.1981 passed by Ist Munsif, Sasaram in title suit No.66 of 1980.

(2.) THE plaintiff-respondents filed the aforesaid suit for dissolution of partnership and for rendition of accounts. According to the original plaintiff, Achhaibar Singh, he and Bali Singh jointly purchased the piece of land in the year 1953. Subsequently, Bali Singh sold his half share in favour of plaintiff in the year 1967 and since then the plaintiff became the absolute owner of the property. Original plaintiff and Bali Singh had entered into an agreement for running a mill and for that they contributed half and half and the mill business was established. It was agreed that the plaintiff would be getting Rs.100/- as rent per month. After the death of Bali Singh, his two sons defendant No.1 and 2 continued to manage the partnership business. The entire account is with them but they were not prepared to give any account of the business. Hence the suit.

(3.) ON the other hand, the learned senior counsel, Mr. T.N. Maitin appearing on behalf of the respondent submitted that the specific case of the plaintiff that after death of Bali Singh, the defendants were allowed to manage the milling business and, therefore, the partnership continued after death of Bali Singh also. When the defendants did not give any account, the plaintiff was compelled to file the suit.