RAM LAL KOHLI Vs. RAJAN KOHLI

JUDGEMENT

(1.) WE have heard Mr. S.D.Sharma, learned counsel for the appellant in extenso and perused the record.

(2.) THIS appeal in Letters Patent is directed against the judgement and decree dated 31.5.1999 passed by the learned Single Judge in Civil First Appeal No. 67/1995. By the aforesaid judgement, the learned Single Judge dismissed the Civil First Appeal and upheld the judgement and preliminary decree passed by Additional District Judge in Civil Suit No. 37/1980. Facts relevant for the disposal of this appeal in resuming may be noticed.

(3.) THE whole controversy between the parties in this appeal centres around a narrow compass. The claim of the plaintif/appellant is that, he is a partner with defendant/respondent not only in the business of 'Rita Ice Cream Factory', but also partner in the building where Ice Cream Factory is run and shops appurtenant thereto in equal share. His further contention is that, the suit premises were constructed out of the joint funds, whereas the specific stand taken by the defendent/respondent in controverting the contention of the plaintiff/appellant is that, the building of the factory and shops attached thereto exclusive belong to him and is not a property of the partnership concern.